Anderson – Trial Court Background • What’s the nature of the lawsuit? • Employment Discrimination • What did the trial court find? • D had discriminated • P better qualified • Male committee members biased • Asked P questions not asked males • Purported reasons were pretextual
Anderson – Court of Appeals • What happened in the Court of Appeals? • It reversed • What basis • Findings clearly erroneous
Anderson – Supreme Court • When is factual finding “clearly erroneous”? • Even though there is evidence to support finding, reviewing court • Viewing entire record • Has a definite and firm conviction that mistake been committed
Anderson – Supreme Court’s Warnings • What if the reviewing court thinks that the trial court is wrong? • What if trial court’s decision is consistent with one of two permissible interpretations, but reviewing court thinks the other interpretation is much more likely?
Anderson – Credibility • How are credibility issues different? • “Special deference” given • Is there deference when no credibility issue is involved? • Why? • What if the evidence is all documentary?
Anderson – Credibility • When can credibility findings be overturned • Documents or objective evidence contradict witness or • Testimony is so inconsistent or implausible that reasonable judge could not credit it.