American National Red Cross v. SG and AE
United States Supreme Court
505 U.S. 247 (1992)
- Written by Haley Gintis, JD
Facts
In 1988, SG and AE (plaintiffs) filed a suit against American National Red Cross (defendant) in state court. The complaint alleged that the Red Cross had negligently supplied blood for a transfusion that contained HIV. The Red Cross attempted to remove the suit to the federal district court. The Red Cross argued that there was federal jurisdiction over the claim through the sue-and-be-sued provision in the Red Cross’s charter. The provision provided that the Red Cross may “be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States.” SG and AE moved to remand the case back to state court. The district court held that the sue-and-be-sued provision in the charter gave the federal court jurisdiction. The federal court of appeals reversed on an interlocutory appeal, relying on previous United States Supreme Court decisions. The matter was appealed. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Souter, J.)
Dissent (Scalia, J.)
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