Open Access to Courts Act of 2009

Open Access to Courts Act of 2009 - Prohibits a U.S. district court from dismissing a complaint: (1) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief; or (2) on the basis of a determination by the judge that the factual contents of the complaint do not show the plaintiff's claim to be plausible or are insufficient to warrant a reasonable interference that the defendant is liable for the misconduct alleged.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4115 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4115

  To amend title 28, United States Code, to provide a restoration of 
       notice pleading in Federal courts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2009

   Mr. Nadler of New York (for himself, Mr. Johnson of Georgia, Mr. 
Conyers, Mr. Scott of Virginia, Mr. Delahunt, Ms. Jackson-Lee of Texas, 
   Ms. Chu, Mr. Michaud, Ms. Kilpatrick of Michigan, and Mr. Cohen) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to provide a restoration of 
       notice pleading in Federal courts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Access to Courts Act of 2009''.

SEC. 2. NOTICE PLEADING RESTORATION.

    (a) In General.--Chapter 131 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2078. Limitation on dismissal of complaints
    ``(a) A court shall not dismiss a complaint under subdivision 
(b)(6), (c) or (e) of Rule 12 of the Federal Rules of Civil Procedure 
unless it appears beyond doubt that the plaintiff can prove no set of 
facts in support of the claim which would entitle the plaintiff to 
relief. A court shall not dismiss a complaint under one of those 
subdivisions on the basis of a determination by the judge that the 
factual contents of the complaint do not show the plaintiff's claim to 
be plausible or are insufficient to warrant a reasonable inference that 
the defendant is liable for the misconduct alleged.
    ``(b) The provisions of subsection (a) govern according to their 
terms except as otherwise expressly provided by an Act of Congress 
enacted after the date of the enactment of this section or by 
amendments made after such date to the Federal Rules of Civil Procedure 
pursuant to the procedures prescribed by the Judicial Conference under 
this chapter.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 131 of title 28, United States Code, is amended by adding at 
the end the following new item:

``2078. Limitation on dismissal of complaints.''.
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