"But there's a line between having opinions and alleging facts."
The Plaintiffs have not alleged facts to convince the Court otherwise," the Judge wrote in the decision.
Under Twombly, a plaintiff must "allege facts" that, taken as true, state a "plausible" basis for relief.
A plaintiff must first establish a prima facie case by a preponderance of the evidence, i.e. allege facts that are adequate to support a legal claim.
The ruling says we alleged sufficient facts to enable us to proceed to try to prove violations of Federal securities law and common law.
To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit.
"As a legal matter... plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," Judge Seeborg wrote.
This column alleges facts.
The rejoinder concluded with the verification; that is the normal way of ending a pleading alleging new facts by way of confession and avoidance.
In order to obtain the hearing, the prosecution must allege specific facts that the defendant's conduct induced the witness's refusal.
