An appeal by the local diocese has been rejected in the Emily Herx in vitro fertilization case. Monday in US District court, a federal judge denied the Diocese of Fort Wayne-South Bend request to set aside a jury's finding. The judge ruled that “quote” evidence supports the December verdict that the diocese violated Emily Herx civil rights when it did not renew her contract after she underwent in vitro fertilization. The jury sided with Herx and awarded her $1.9 million, although a judge later reduced that to about$540,000.