Reference no: EM133856145

Question

A sued B in federal court alleging that B knowingly installed hazardous asbestos insulation in A's home. B answered the complaint and the parties commenced discovery, but after each party had taken only one deposition and before either had fully responded to the other's written discovery, B moved for summary judgment on grounds that A had no evidence that B knew the insulation contained asbestos. What would be A's best response to the motion for summary judgment? Under FRCP 56(d), argue that A needs more time to take discovery regarding B's knowledge and submit a declaration describing the desired discovery. File an opposition arguing that the manufacturer's credibility will be a key issue on the element of knowledge and only a jury can decide questions of credibility. Move to strike the motion as improper because it attaches no evidence to show that B lacked knowledge of the asbestos. File a cross-motion for summary judgment on grounds that B has failed to introduce evidence from which a reasonable jury could find that B lacked the requisite knowledge.