Olalia said that the basis for the withdrawal was 'either premature, assumed a fact not established, conclusory
He said "the bases and protocol for withdrawal are either premature, assumes a fact not established, conclusory
Thus, because plaintiff failed to advance his claim beyond the conclusory
level, summary judgment was warranted.
S]uch threadbare, conclusory
allegations are patently insufficient as a matter of law," Kohler's attorneys said in a motion filed Tuesday in US District Court in Hawaii.
In reaching that conclusion, the BLS expressed the following concerns (among others): the investigation identified a number of red flags that appeared to support Brinings allegations; the boards resolution and corresponding minutes contained only conclusory
statements, the merits of which the court could not evaluate; and the board decided categorically not to pursue any claims against Donovan in the future.
one sentence argument wholly fails to allege specific facts that, if true, would establish that counsel provided him with constitutionally ineffective representation.
Neither proper allegations nor any evidence support plaintiffs' conclusory
assertions that Saudi Arabia caused the 9/11 attacks by knowingly or even recklessly aiding the terrorists who committed them," the kingdom said.
finding that "a conclusory
allegation of continuing use and disclosure" did not suffice); see also Avago Techs.
To complement this flawed legal reasoning, the ABA offers an equally conclusory
statement regarding credit unions' tax-exempt status.
Explaining that such allegations were conclusory
and do nothing to support or prove the falsehood of SanMedicas representations, the Ninth Circuit rejected Plaintiffs arguments.
Twombly, the Supreme Court had rejected the notion that "a wholly conclusory
statement of a claim would survive a motion to dismiss whenever the pleadings left open the possibility that a plaintiff might later establish some set of undisclosed facts to support recovery.
Rather, the Respondent's opposition papers contain conclusory
averments which do not even address EAN's factual assertions.