Lawyers for Brad Garlinghouse haven’t argued the Ripple CEO’s statements in extolling XRP were true, simply that they can’t be proven false.
Source: https://cointelegraph.com/news/lawsuit-investors-cant-prove-ripple-knew-xrp-had-no-utility
Lawsuit: Investors Can’t Prove Ripple Knew XRP Had ‘No Utility’
July 31, 2020
CoinTelegraph