Litigation Practice Group partner Brett Venn and associate Davis Williams authored the article "Futility Exception to Remanding Rule Could Be On Its Last Legs," published by Law360 on September 19, 2023. Brett and Davis discuss the US Court of Appeals for the Fifth Circuit’s recent decision, in Spivey v. Chitimacha Tribe of Louisiana, rejecting the futility exception to remand of cases removed from state court to federal court, where the federal court concludes that it lacks subject matter jurisdiction. They explain that, after Spivey, the US Court of Appeals for the Ninth Circuit is the only circuit to adopt and apply the exception. On October 2, 2023, the US Supreme Court denied a petition for certiorari seeking review of the Ninth Circuit’s most recent decision affirming the exception, in Sauk-Suiattle Indian Tribe v. City of Seattle, Washington. As a result, the circuit split persists.