A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Wh...
Citations: Fed. R. Civ. P. 56(e)
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Wh...
Citations: Fed. R. Civ. P. 56(e)
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
A defendant in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule?...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A defendant in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule?...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A defendant moved for summary judgment one month after answering. The plaintiff filed a declaration explaining that the defendant alone has maintenance logs and inspection videos that are needed to oppose the motion and...
Citations: Fed. R. Civ. P. 56(d)
A defendant moved for summary judgment one month after answering. The plaintiff filed a declaration explaining that the defendant alone has maintenance logs and inspection videos that are needed to oppose the motion and...
Citations: Fed. R. Civ. P. 56(d)
A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants t...
Citations: Fed. R. Civ. P. 56(f)
A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants t...
Citations: Fed. R. Civ. P. 56(f)
...covery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admiss...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
...covery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admiss...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
...scovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was accepted. W...
Citations: Fed. R. Civ. P. 56(a)
...scovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was accepted. W...
Citations: Fed. R. Civ. P. 56(a)
In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I heard from others that the supervisor probably fired plaintiff for reporting safety issues, and in my opini...
Citations: Fed. R. Civ. P. 56(c)
In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I heard from others that the supervisor probably fired plaintiff for reporting safety issues, and in my opini...
Citations: Fed. R. Civ. P. 56(c)
In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's version of a key event. The defendant submits deposition testimony from two witnesses contradicting that...
Citations: Fed. R. Civ. P. 56(a), Anderson v. Liberty Lobby, Inc.
In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's version of a key event. The defendant submits deposition testimony from two witnesses contradicting that...
Citations: Fed. R. Civ. P. 56(a), Anderson v. Liberty Lobby, Inc.
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a no...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a no...
Citations: 28 U.S.C. 1291
A district court grants summary judgment on a contract interpretation issue. The losing party appeals after final judgment. What standard of review generally applies? This question tests appellate review of summary judgm...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
...cy database. Employee objects that judicial notice cannot be taken at summary judgment and that the court may notice only facts proven by live testimony. The court, without a party request, also notices that the courthou...
Citations: Federal Rule of Evidence 201(c), Federal Rule of Evidence 201(d), Federal Rule of Evidence 201(e)
...y case asserting a state trade secrets claim, the defendant moves for summary judgment. state summary judgment procedure differs from Federal Rule of Civil Procedure 56. Which statement is most accurate? The federal cour...
Citations: Fed. R. Civ. P. 56, Erie Railroad Co. v. Tompkins
...federal trade-secret case, the district court denied the defendant's summary judgment motion on liability, granted the plaintiff a preliminary injunction barring use of disputed source code, and certified a separate dis...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292, Fed. R. Civ. P. 54(b), Fed. R. Civ. P. 58, Fed. R. App. P. 3, Fed. R. App. P. 4(a)
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