9th Circ. Questions Futility Exception In Tribal Dam Case

By Greg Lamm (January 3, 2023, 6:23 PM EST) -- A Washington tribe's lawsuit seeking to block the operation of a Seattle dam was properly dismissed because a federal trial judge lacked jurisdiction, a Ninth Circuit panel has found, but all three judges on the panel said the full court should consider abandoning its futility exception that prevented them from remanding the case to state court. ...

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