Weber

Weber v. Nicholson

Good Law
253 F. App'x 672
United States Court of Appeals for the Ninth CircuitNovember 5, 2007No. 06-35047California683 words

Opinion

Lead Opinion

MEMORANDUM **

In this age discrimination case, William N. Weber, M.D., appeals the district court’s judgment in favor of the U.S. Department of Veterans Affairs and R. James Nicholson, Secretary of Veterans Affairs. Weber challenges the district court’s judgment on two principal grounds: the adequacy of the court’s findings of fact and the merits of the court’s ultimate decision rejecting his claims. Because we agree with Weber’s first argument, we vacate the judgement and remand for further findings. In so doing, we express no views on the merits of Weber’s claims.

Federal Civil Rule of Procedure 52(a) requires the district court to “find the facts specially.” We have interpreted Rule 52(a) to require that the district court’s findings “be explicit enough to give the appellate court a clear understanding of the basis of the trial court’s decision, and to enable it to determine the ground on which the trial court reached its decision.” Alpha Distrib. Co. v. Jack Daniel Distillery, 454 F.2d 442 , 453 (9th Cir.1972). In discrimination cases we have clarified that “understand[ing] the basis” of a decision requires that district court findings “respond” to the “proper order of…

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