Kenly Ames examines Kentucky standard for civil lawsuits in latest Bench & Bar
by Mandy Hicks
Attorney Kenly Ames recently penned an article for Bench & Bar magazine about the standards for civil proceedings in Kentucky Courts. Kenly serves as Chair of ELPO’s Practice Management Committee and is serving as a member of the Board for the Civil Litigation Section of the Kentucky Bar Association. The KBA publishes Bench & Bar.
The theme of the July issue of Bench & Bar is the differences between practice in federal court and in state court. The articles are all authored by Section members. Kenly’s article focuses on the different standards used to determine whether plaintiffs have adequately pled their claims. The article is on pages 25 to 27 of the magazine, and can be viewed online here.
Both the federal courts and the Kentucky state courts formerly required only enough allegations to put the defendants on notice of the nature of the plaintiffs’ claims. However, federal courts now require that plaintiffs allege facts sufficient to state “a plausible claim for relief.” Although Kentucky state courts have not yet applied this higher standard, Kentucky lawyers need to keep it in mind, especially in cases that may be removed to federal court.