I don't really understand why this opinion was published. It's an entirely fact-specific analysis of a particular Title VII case and why the specific evidence presented by plaintiff didn't raise a genuine issue of material fact sufficient to survive summary judgment The case raises utterly no new legal issues. The opinion contains no new legal analysis. It's the classic case of an opinion that is typically resolved in a memorandum disposition.
Not that I'm outraged or anything. I understand there's an argument that every single appellate case, no matter how minor, should be published. But I don't think that's Judge Alarcon's policy. Or, at a minimum, it certainly wasn't his policy when I interviewed to be one of his law clerks, oh so many years ago. And I doubt it's changed.
Maybe the law clerk for extern responsible for the opinion wanted to see it in print. Who knows.
