CA1: required findings of fact in a bench trial

Torres Lazarini v. US, No. 06-2634 is an affirmance of an FTCA/Medical Malpractice case (resolved by a bench trial) against the VA which is governed by Puerto Rican substantive law.

The big issues seem to be whether the District Court improperly considered prior lawsuits as evidence of the defendant’s character.  The First says that the findings of fact by the judge didn’t bear that out.  Likewise, under FRCP 52(a)  failure to mention one expert wasn’t fatal to the judge’s findings of fact, because it is “clear” that the District Court was really crediting one expert over another.