Here is a good pleading lesson from Abercrombie v. Lowe’s Home Centers,
Inc., 2012 WL 2383503 (M.D. Ala. June 25, 2012).
Abercrombie sued
Countertop Visions with the intention of holding Countertop Visions vicariously
liable for the acts of its employees in the course of their work, namely, the
employees taking her jewelry while doing remodeling work at her home.
Yet, in the factual allegations in her complaint, Abercrombie did not specifically allege
that the theives were Countertop Visions’ employees acting within the line and
scope of their employment or for the benefit of their employer.
The Senior
District Judge dismissed Countertop Visions but gave Abercrombie time to amend
her complaint to allege the required facts. The lesson is that, in
federal court, you need to make exact factual allegations that correspond to the
elements of the asserted cause of action because simple notice pleading is no
longer allowed.
