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Sauk-Suiattle Indian Tribe v. City of Seattle, Washington
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-35000 · judgment December 30, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
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Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
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Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?
Counsel of record
For petitioner
Jack Warren Fiander
Sauk-Suiattle Indian Tribe
For respondent
Kari Lee Vander Stoep
K&L Gates LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 02 2023Petition DENIED.
- Sep 20 2023Letter of September 20, 2023 from counsel for petitioner filed. (Distributed)
- Jul 19 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 12 2023Reply of petitioner Sauk-Suiattle Indian Tribe filed.
- Jul 06 2023Brief of respondent City of Seattle, Washington in opposition filed.
- May 25 2023Motion to extend the time to file a response is granted and the time is extended to and including July 7, 2023.
- May 24 2023Motion to extend the time to file a response from June 7, 2023 to July 7, 2023, submitted to The Clerk.
- May 08 2023Response Requested. (Due June 7, 2023)
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- Apr 06 2023Waiver of right of respondent City of Seattle, Washington to respond filed.
- Mar 28 2023Petition for a writ of certiorari filed. (Response due May 1, 2023)