When I discuss newly-filed complaints in this blog, I try to discuss the factual allegations and legal claims found in the complaint in a straight-forward manner, as they are presented by the plaintiff(s). It is important to recognize, however, that these are merely allegations – nothing at the time of filing has been tested or proven, and the defendant(s) have not yet responded. Nothing I discuss should be construed as accepting or agreeing with any pled facts or claims, or as an opinion as to the allegations (unless expressly set forth in a particular post).
I rarely post about answers or counterclaims at the time they are filed, primarily because the filing of answers is difficult to track. Further, many cases settle prior to an answer being filed, and more without any significant action from the court. Settlements are frequently confidential, and in any event are rarely filed with the court, so the outcome of many cases remains unknown.
In light of all of this, I ask everyone to remember that a complaint is just that – a one-sided presentation of an event, shaded to favor the complaining party, that may or may not turn out to be true. Today’s earlier post on Sobol v. Canavan serves as a good example of this.