That is why journalists use the word "allege
" and its derivatives in connection with persons suspected of, or charged, with a crime as they are presumed to be innocent until proven guilty.
The Information alleges
that ALIBRIS' corporate predecessor, INTERLOC INC.
Judge Kram also decided the plaintiffs had failed to allege
facts that constituted evidence of recklessness: When motive is not alleged and the plaintiff relies entirely on allegations of recklessness in alleging scienter, the evidence presented must be proportionately greater than if motive is alleged.
As noted previously, in addition to the claim that an officer violated department policy--and therefore the Constitution--by using deadly force, plaintiffs frequently allege
that the officer violated "reasonable police procedures," thereby unnecessarily creating the need to use deadly force.
Plaintiffs conceded that the complaint did not allege
intentional conduct but argued that a lack of diligence may be sufficiently egregious to Constitute bad faith.
The plaintiff's complaint alleges
that the insured hired a key employee away from a competitor to help design a better product for the insured, improve the insured's manufacturing processes or overhaul the insured's marketing strategies.
First, if a plaintiff alleges
that a particular officer was unsatisfactorily trained, it could be that "...the officer's shortcomings may have resulted from factors other than a faulty training program."(21) Second, if the plaintiff asserts that the injury or accident could have been avoided had an officer received better or more training, the Court offered a possible response by noting that "such a claim could be made about almost any encounter resulting in injury, yet not condemn the adequacy of the program to enable officers to respond properly to the usual and recurring situations with which they must deal."(22)
The trial court granted the Institute's motion to dismiss on the grounds that the AICPA owed no duty of care to the plaintiff, and the plaintiff failed to allege
the elements necessary to establish a claim against the AICPA for negligent infliction of emotional distress.
Since Dougherty did not allege
she was in privity of contract with the accountant or that she received notification in writing authorizing her to rely on the accountant's work, the negligence count against him was dismissed.
Steinmetz: Plaintiffs allege
defendant's negligence caused a motor vehicle crash resulting in personal injury and loss of consortium.
Quesenberry; any unknown persons claiming an interest in 3389 Arrowhead St., Eugene: Plaintiffs allege
breach of contract.
Michael Elkins: Plaintiffs allege
that defendant's negligence caused a fire that damaged their property.