Also known as: allege · alleges · alleged · alleging · allegations · allegata · allegatum
Written by attorneys · grounded in primary & secondary sources — see below
A formal statement of fact asserted in a pleading or other legal document as true without having been proved. The statement supplies the factual basis for a claim or defense and must be supported by evidence at later stages of the proceeding.
In a criminal prosecution, defendant Andrew Avery offers testimony that the alleged victim, Ariana Azizi, had a reputation for starting fights. The court admits the evidence of the alleged victim's pertinent trait under the applicable rule. The prosecutor then introduces rebuttal evidence concerning the same trait.
Shareholder Anita Ali files a derivative complaint against Alliance Holdings alleging that directors breached fiduciary duties. The corporation begins an internal inquiry into the allegations made in the demand. The court grants a stay of the proceeding while the inquiry proceeds.
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Prosecutors charge two defendants with multiple conspiracies arising from a single organized criminal enterprise. The indictments allege that the conspiracies are related aspects of the same scheme. The court permits joint prosecution because the allegations satisfy the relatedness requirement.
Attorney Alice Atkins faces a malpractice suit brought by former client Aisha Ahmed. To defend against the allegations concerning her representation, the lawyer discloses limited client information. The disclosure is permitted because it responds directly to the allegations in the proceeding.
A reviewer writes that a restaurant owner must be hiding health violations because the food tastes contaminated. The statement is framed as opinion yet implies undisclosed defamatory facts. The owner sues for defamation on the basis of that implied allegation.
Plaintiff Ava Adebayo files a complaint containing only conclusory statements that a company violated federal law. The court disregards the bare allegations and examines whether the remaining factual assertions state a plausible claim. The action is dismissed because the allegations fail to cross the plausibility threshold.
An allegation is a party's assertion of fact in a pleading that has not yet been proved. It supplies the factual basis for a claim or defense but must later be supported by admissible evidence at trial or on summary judgment.
Courts disregard mere conclusory allegations that lack supporting factual content. The remaining well-pleaded facts must plausibly give rise to relief rather than merely stating a possible claim.
When a corporation begins an inquiry into the allegations contained in a shareholder demand or complaint, the court may stay the derivative action for a reasonable period while the inquiry proceeds.
…and Daniel Brent, summoned to attend but understood to have declined giving voluntary affidavits. They objected to being sworn, alleging they were clerks in the Department of State and not bound to disclose facts relating to the business or transactions in the office. Mr. Lee observed that the Secretary of State's duties…