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).
Related Documents: mckelvin_v._smith_121010
