Opinion

Penasquitos Village, Inc., Penasquitos Gardens, Inc., Penasquitos Hills, Inc., and San Diego Leisure Life Village v. National Labor Relations Board

  • 565 F.2d 1074
  • 97 L.R.R.M. (BNA) 2244
  • 1977 U.S. App. LEXIS 5836
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 30, 1977
Status
Published
Author
Choy
On the bench
Choy, Duniway, Wallace
Cited by
144 cases

noting that we give the ALJ's determination of credibility significant weight "for the obvious reason that he or she 'sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records' "

How later courts described this case

  • noting that we give the ALJ's determination of credibility significant weight "for the obvious reason that he or she 'sees the witnesses and hears them testify, while the Board and the reviewing court look only at cold records' "
  • recognizing that “[t]he substantial evidence standard is not modified in any way when the Board and its examiner disagree”
  • outlining concerns regarding the reliability of credibility determinations that are based on a witness’s demeanor
  • "the special deference deservedly afforded the administrative law judge's factual determinations based on testimonial inferences will weigh heavily in our review of a contrary finding by the Board"

Written by the judges who cited it.

The opinion

CHOY, Circuit Judge

(concurring):

I concur in the results reached by Judge Wallace in both parts II A and II B.

However, I share the concern that Judge Duniway feels about Judge Wallace’s treatment of demeanor evidence and testimonial inferences. I, therefore, concur in Judge Duniway’s eloquent exposition of his reservations contained in part I of his concurring and dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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