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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.