Legal Opinion

Faust v. American Red Cross

District Court, N.D. California

Decided October 3, 1991No. C 91-20379 JWPublished

1Opinion of the Court

ORDER GRANTING MOTION TO REMAND

WARE, District Judge.

For the reasons set forth below, the Court REMANDS this action to state court, pursuant to 28 U.S.C. § 1446(c)(4), for want of jurisdiction.

I. BACKGROUND

Plaintiffs filed an action against American Red Cross in Superior Court on June 16,1989. They claimed that Lovada Faust, who died of AIDS, contracted the disease from a blood transfusion she received. The blood came from the American Red Cross blood center. On June 26, 1991, the Red Cross removed the action to federal court. On July 24, 1991, plaintiffs filed a motion to remand the action to…

2Cases cited9 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. Verlinden B. v. v. Central Bank of NigeriaSupreme Court of the United States · 1983
  5. Bank of the United States v. DeveauxSupreme Court of the United States · 1809

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