Millet v. Godchaux Sugars Inc. Book Reviews

Millet v. Godchaux Sugars Inc. by Fifth Circuit United States Court Of Appeals Book Summary

A principle, repeated with remarkable frequency in the plainest terms of direct simplicity, and carrying with it a compelling sense of emphasis, has again been misread, misunderstood, or misapplied, requiring again its republication. For the District Court, indicating no basis for departure from the rule, "* * * that a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim * * *," Des Isles v. Evans, 5 Cir., 200 F.2d 614, 615, dismissed Millets Complaint seeking Workmens Compensation under the Louisiana Statute by testing it as would a Louisiana Court on whether it (i.e., the pleaded words) stated a cause of action and not, as must a Federal Court, whether evidence might be presented on which, applying Louisiana substantive standards, a recovery might be had.

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Millet v. Godchaux Sugars Inc. (Fifth Circuit United States Court Of Appeals) Book Reviews 2024

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