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Expert Analysis

Futility Exception To Remanding Rule Could Be On Last Legs

By Brett Venn and Davis Williams (September 19, 2023, 5:55 PM EDT) -- In cases removed from state court to federal court, the question of remedy may arise where the federal court concludes that it lacks subject matter jurisdiction. Must the federal court remand the case to state court, or may it dismiss the case without remanding if it determines that the state court will also lack subject matter jurisdiction?...

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