Question
After being fired, a woman sued her former employer in federal court, alleging that her supervisor had discriminated against her on the basis of her sex. The woman’s complaint included a lengthy description of what the supervisor had said and done over the years, quoting his telephone calls andemails to her and her own emails to the supervisor’s manager asking for help. The employer moved for summary judgment, alleging that the woman was a pathological liar who had filed the action and included fictitious documents in revenge for having been fired. Because the woman’s attorney was at a lengthy out-of-state trial when the summary-judgment motion was filed, he failed to respond to it. The court therefore granted the motion in a one-line order and entered final judgment. The woman has appealed. Is the appellate court likely to uphold the trial court’s ruling?
A Yes, because the woman’s failure to respond to the summary-judgment motion means that there was no sworn affidavit to support her allegations and supporting documents.
B Yes, because the woman’s failure to respond to the summary-judgment motion was a default giving sufficient basis to grant the motion.
C No, because the employer moved for summary judgment on the basis that the woman was not credible, creating a factual dispute.
D No, because the complaint’s allegations were detailed and specific.
This question is taken from Paralegal 011 – Introduction to Civil Litigation » 2019 » Exam #3 Civil Litigation Chapter 9, 10 & 11
