CIVIL PROCEDURE - MCKELVIN V. SMITH
In McKelvin v. Smith, [Ms. 2090779, Dec. 10, 2010] __ So. 3d __ (Ala. 2010), the Alabama Court of Civil Appeals refused to adopt the heightened pleading standards established by the United States Supreme Court in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). The Court of Civil Appeals emphasized that Rule 8(a) of the Alabama Rules of Civil Procedure does not require a plaintiff to state in detail the facts upon which his or her claims are based. Instead, under Rule 8(a) a complaint must simply give a defendant notice of the plaintiff's claim. Moreover, a complaint that follows the forms appended to the Alabama Rules of Civil Procedure is sufficient to satisfy the requirements of Rule 8(a).
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