context: Count I. The first allegedly false representation is Cumberland's argument in the demurrer that the usury counterclaim was too vague to answer and failed to state a claim. Penn alleges that the usury claim was neither too vague to answer nor did it fail to state a claim, as demonstrated by the fact that the demurrer was overruled and that Cumberland knew or should have known what interest was charged on the debt and therefore had the necessary information. Although the demurrer was overruled, that alone does not make Cumberland's legal argument false.
citation_a.signal: see also
citation_a.identifier: 514 U.S. 296, 296
citation_a.parenthetical: "[W]e do not see how the fact that a lawsuit turns out ultimately to be unsuccessful could, by itself, make the bringing of it an 'action that cannot legally be taken.' "
citation_a.sentence: See also Heintz, 514 U.S. at 296, 115 S.Ct. 1489 (“[W]e do not see how the fact that a lawsuit turns out ultimately to be unsuccessful could, by itself, make the bringing of it an ‘action that cannot legally be taken.’ ”).
citation_b.signal: see
citation_b.identifier: 674 F.3d 819, 819
citation_b.parenthetical: nothing false or misleading about attorney filing an unsuccessful motion for summary judgment
citation_b.sentence: See Hemmingsen, 674 F.3d at 819 (nothing false or misleading about attorney filing an unsuccessful motion for summary judgment).