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58 Tul. L. Rev. 403 (1983-1984)
Title VII and Rule 52(a): Standards of Appellate Review in Disparate Treatment Cases--Limiting the Reach of Pullman-Standard v. Swint

handle is hein.journals/tulr58 and id is 449 raw text is: TULANE LAW REVIEW VOLUME 58 NOVEMBER 1983 NUMBER 2 TITLE VII AND RULE 52(a): STANDARDS OF APPELLATE REVIEW IN DISPARATE TREATMENT CASES-LIMITING THE REACH OF PULLMAN- STANDARD v. SWINT CHARLES RICHARD CALLEROS* Federal Rule of Civil Procedure 52(a) provides that a fed- eral trial court's findings of fact in a nonjury trial shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.1 The clearly erroneous standard permits an * Associate Professor of Law, Arizona State University College of Law; B.A., 1975, University of California at Santa Cruz; J.D., 1978, University of California at Davis School of Law. The author thanks Scott Crowell for his dedicated research assistance, and Karen Ravert for her tireless work in word processing. 1. Until recently the complete text of Rule 52(a) provided: In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in grant- ing or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its ac- tion. Requests for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the findings of the court. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as pro- vided in Rule 41(b). 403

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