Civil Procedure

After losing a significant amount of money in the stock market, an investor sued her investment advisor in federal court for not investing her money properly and stated that the failure to invest in companies that earned at least 10% per year interest was fraudulent. After discovery had concluded, the advisor and the investor each moved for summary judgment. In his motion, the advisor submitted the deposition testimony of an employee of the Securities and Exchange Commission who cited recent government data that suggests most investments earned less than 10% return on investment over the last three years. How should the court rule?

An opera singer sued a theater company in federal court for breach of contract. Feeling that the opera singer's lawsuit was meritless, the theater company made a motion for summary judgment immediately after the parties' initial discovery conference. In opposing the motion, the opera singer's lawyer argued that the motion was not timely filed. The court in which the lawsuit was filed follows the Federal Rules of Civil Procedure. Is the motion untimely?

A woman sued a man in a claim based on negligence because she claimed that the man's dog bit her while she was trying to pet it. Two years later, the woman had not engaged in any discovery and did not make any efforts to move the case forward. The man brought a motion to dismiss for failure to prosecute, and the court ruled in his favor. The woman then filed an appeal in the court of appeals. Does the court of appeals have jurisdiction over the case?

A bank sued a construction company in federal court for fraud and breach of contract. The construction company moved for summary judgment with respect to both claims. The judge granted the construction company's motion for summary judgment with respect to the fraud claim, but denied it with respect to the breach of contract claim. The judge also directed the entry of final judgment with respect to the fraud claim, finding on the record that there was no reason to delay judgment on the fraud claim until the resolution of the breach of contract claim. May the bank appeal the grant of summary judgment on the fraud claim at this stage?

A freelance graphic designer brought a lawsuit in federal court for breach of contract against a graphic design firm. The graphic design firm responded with a counterclaim for tort damages arising out of the designer's alleged negligence in leaving a window at the firm's office open during a winter storm, resulting in water damage to the firm's equipment. Prior to the commencement of the trial, the graphic designer moved for summary judgment as to the design firm's counterclaim. May the court rule on the graphic designer's motion for summary judgment?

The plaintiff sued the defendant in federal court. Subject matter jurisdiction existed. After discovery, the defendant filed a motion for summary judgment and argued that there is no genuine dispute as to any material fact and that the defendant is entitled to judgment as a matter of law. The court denied the motion, and the plaintiff won at trial. The defendant did not make a motion for judgment as a matter of law at trial. The court entered judgment on the jury's verdict. The defendant filed a "renewed motion for judgment as a matter of law" 20 days after the court entered judgment for the plaintiff. Must the court deny the "renewed motion for judgment as a matter of law"?

A woman filed a negligence suit against an architect in federal court because the house he designed for her collapsed during a blizzard. After trial, the jury found in the woman's favor. The architect believed that the woman's evidence against him was too weak to support the verdict, so the architect moved for judgment as a matter of law 28 days after judgment was entered. Because he needed to do some research on the question, this was the first time he had made such a motion. Specifically, he argued the expert testimony provided by the woman was not based on sound architectural principles. Should the court grant the architect's motion?

The jury in a breach of contract trial in federal court found that the contract at issue had not been signed by the defendant and that the defendant had not breached the contract. The plaintiff appealed the decision, and argued that the jury had erred in finding that the defendant had not signed the contract. What does the plaintiff have to show in order for the appellate court to remand the case?