1. Anderson v. Bessemer

2. 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

3. Anderson – Court of Appeals What happened in the Court of Appeals? It reversed What basis Findings clearly erroneous

4. 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

5. 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?

6. 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?

7. 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.