Couveau

Lynn Couveau brought an employment discrimination action against American Airlines under California’s Fair Employment and Housing Act (FEHA), Cal. Gov’t Code § 12900 et seq. 2 She alleged that American wrongfully failed to- reinstate her from medical leave, wrongfully terminated her employment, and denied her full benefits and backpay on reinstatement. American Airlines moved for summary judgment on a multiplicity of grounds. The district court granted the motion summarily, without identifying which of American’s grounds it found persuasive. Nothing else in the record reveals the basis, for the court’s decision.

Appellate review is a particularly difficult process when there is nothing to review. A summary judgment order that fails to disclose the district court’s reasons runs contrary to the interest of judicial efficiency by compelling “the appellate court to scour the record in order to find evidence in support of [the] decision.” 11 James Wm. Moore et al., Moore’s Federal Practice ¶ 56.41[3][e], at 56-307 to 56-309, (3d ed.1999). It also increases the danger that litigants, whether they win or lose, will perceive the judicial process to be arbitrary and capricious.…