The Alabama Court of Civil Appeals does not bow to Federal Pressure

This week the Alabama Court of Civil Appeals in McKelvin v. Smith, (CV-09-900847) refused to adopt a much stricter pleading standard established by the United States Supreme Court in Ashcroft v Iqbal, 129 S. Ct.1937(2009). What this means for Alabama citizens, is that under Alabama law you will not have to state the precise details of your claim against a defendant. The Court of Appeals decided to follow the Alabama Rules of Civil Procedure, which provides that a complaint must simply give a defendant reasonable notice of the plaintiff’s claim. Requiring a plaintiff to put forth the precise details of their claim is merely a procedural hurdle meant only to block a plaintiff from having his day in court.    I would like to applaud the Alabama Court of Civil Appeals, for not following the United States Supreme Court’s decision, and allowing Alabama residents to be able to rely upon the Alabama Rules of Civil Procedure when filing their claims.