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I bet this kid winds up blowing up a coffee shop somewhere
Boy that takes me all the way back to 1984, first year law school. Without doing research, it means there has to be some evidence to support the contention -- not innuendo, or argument, or supposition -- but evidence. At the summary judgment standard, the party has to put up some evidence. To get summary judgment (to toss someone's case at an early stage) is very very difficult. The bar is not very high for the responding party to get over. But, you cannot respond with argument -- you have to put up evidence, or at least evidence to raise an argument. Judges just do not toss cases willy nilly. It's not done. Every benefit is given to the suing party -- the clock boy in this instance. 99% of what I do is civil defense -- representing those evil insurance companies -- and it is very difficult to get a case tossed, particularly by a federal judge.