...e has 90 minutes for an MPT that asks for a persuasive brief opposing summary judgment. The File has a task memo, complaint, deposition excerpts, and six emails. The Library has a rule of civil procedure and three cases...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...ugh a door that should have triggered an alarm. The company moved for summary judgment six weeks after answering, before any depositions and before producing service logs. The company submitted an affidavit from its oper...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
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)
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 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 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)
...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)
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.
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...federal court for terminating a supply contract. The chain moved for summary judgment, relying on the contract, delivery logs, and a declaration from its purchasing manager stating from personal knowledge that the baker...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Fed. R. Civ. P. 56(h)
...ung injury. After a full discovery period, the manufacturer moved for summary judgment. The manufacturer did not offer its own medical expert. Instead, it cited the worker's interrogatory answers, expert disclosures, and...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Celotex Corp. v. Catrett
...a supervisor steered contracts to a relative. The employer moved for summary judgment, citing the manager's poor quarterly review, a spreadsheet showing missed purchasing targets, and deposition testimony that the final...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
...f a licensing agreement and trade-secret misuse. The vendor moved for summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition admitted that it signed the agreement and had not...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(f), Fed. R. Civ. P. 56(g)
...ether the plaintiff waived later performance. The plaintiff moves for summary judgment on liability only. Which statement is most accurate? The correct answer captures Rule 56's ability to narrow a case without necessari...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(g)
...nts over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the collateral-order doctrine, arguing that both rulings are important and will shape trial s...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...is a citizen of a different state. After discovery, the court grants summary judgment to City Bus on the federal civil-rights claim. Owen moves to dismiss the battery claim for lack of subject matter jurisdiction, and C...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ct, and indemnity against both defendants. The district court granted summary judgment for the architect on the negligence claim but left the contract and indemnity claims pending. The court's order stated only, "Plainti...
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
...ute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release signed before suit. Which statement best describes the pleading rule? Affirmative defenses are matters of avoidanc...
Citations: Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 15
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
USABarPrep Coach