Also known as: avers · averred · averring · averment · averments · allege · allegation
Written by attorneys · grounded in primary & secondary sources — see below
To assert or affirm positively, especially in a pleading. The assertion functions as an allegation of fact that the pleader intends to prove at trial or in support of a motion.
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Shareholder Amelia Amari filed a derivative action against Apex Dynamics directors. A special committee determined that continuing the suit was not in the corporation's best interests. To overcome that determination Amari averred specific facts showing the committee lacked independence and failed to conduct a reasonable investigation.
Alexandra Armstrong sued Astra Aerospace for antitrust violations. Her complaint contained only labels such as 'agreement' and 'conspiracy' without supporting details. The court disregarded those conclusory averments and dismissed the action because the remaining facts did not plausibly suggest an unlawful agreement.
Andrew Avery filed a verified petition for dissolution against Audrey Ashton. The petition averred that the marriage was irretrievably broken and listed the parties' ages, occupations, residences, and the date and place of the marriage as required by statute.
Ambler Realty Co. owned land in the Village of Euclid. The company averred that the zoning ordinance restricted lawful industrial uses and thereby confiscated a substantial portion of the land's market value.
Plaintiffs alleged that telecommunications carriers conspired to restrain trade. The complaint averred parallel conduct but supplied no facts suggesting an actual agreement. The court held that such averments failed to state a plausible claim and dismissed the action.
Mitchell sought to serve Neff by publication in a quiet-title action. Mitchell averred that he did not know Neff's address and could not determine it with reasonable diligence after a diligent search.
To aver means to assert positively the existence of a fact that the pleader intends to prove. Courts treat such assertions as allegations that must meet applicable pleading standards.
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Under Model Business Corporation Act section 7.44(c) a plaintiff must aver with particularity facts showing that the requirements for a valid determination have not been met. Conclusory statements are insufficient.
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Courts disregard conclusory averments and examine whether the remaining well-pleaded facts plausibly support relief. Mere possibility is not enough to survive dismissal.
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…in state court. Although he stated that he has been arrested in the past for violating the State's abortion laws, he makes no allegation of any substantial and immediate threat to any federally protected right that cannot be asserted in his defense against the state prosecutions. Neither is there any allegation of harassment…