· 7/23/2004
Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc.
Citations
- 377 F.3d 1034
- 2004 U.S. App. LEXIS 15290
- 2004 WL 1637022
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 9 a dismissal for want of subject-matter jurisdiction should be without prejudice
- explaining that 28 where the Court lacks subject matter jurisdiction, the claims should be dismissed without 1 prejudice
- stating that, “because the district court lacked subject matter jurisdiction, the claims should have been dismissed without prejudice.”
- finding that “loss of enjoyment” is “precisely the type of relief potentially available under state law but not under the [MMWA],” since it is an “injury to the person”
- holding “because [plaintiff] failed to satisfy the Magnuson–Moss Act’s $50,000 jurisdictional prerequisite, there were no claims in the action within [its] original jurisdiction to form the basis for supplemental jurisdiction”
- explaining that dismissals for lack of subject matter jurisdiction should be without prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, McKeown, Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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