...Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and several state law claims arising from his purchase of a defective automobile from Gorno...Bros., Inc. ("Gorno Ford"). The district court dismissed the Magnuson-Moss Warranty Act claim for lack of subject matter jurisdiction on the basis that it did not satisfy the amount in controversy...BACKGROUND The sole basis of federal subject matter jurisdiction in this case was Terrance Golden's single claim pursuant to the Magnuson-Moss Warranty Act. In May 2001, Gorno...

...merchantability and fitness, violation of Nevada Revised Statute §§ 597.600-597.680 (2000) (Nevada's "lemon law"), and violation of the federal Magnuson-Moss Warranty Act, 15.... The district court found that Mercedes breached its written warranty and violated both the Nevada lemon law and the Magnuson-Moss Warranty Act. The district court awarded Milicevic damages...under the Nevada lemon law and attorneys' fees under the Magnuson-Moss Warranty Act. Mercedes contends the district court incorrectly found a violation of the Nevada lemon law...

... McKEOWN, Circuit Judge. We consider here whether personal injury and punitive damages are cognizable under the Magnuson-Moss Warranty Act (the "Act...federal district court, alleging that Fleetwood had violated substantive provisions of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2302(a)(1), (4), (8...motor home. Fleetwood moved to dismiss for lack of subject matter jurisdiction, contending that the damages sought by the Kellys were not recoverable under the Magnuson-Moss Warranty Act, and...

...cognizable under the Magnuson-Moss Warranty Act (MMWA), 15 U.S.C. §§ 2301- 2312 (1982); a plaintiff may, however, recover personal injury damages under...sustaining jurisdiction, the trial court wrote: Plaintiffs in their response to Defendant's motion to dismiss clarified their claims under the Magnuson-Moss Warranty Act ["Act...is a cause of action under the Magnuson-Moss Warranty Act for de facto violation of § 2308. The plaintiffs argue that this construction of the complaint by...

...arbitration filed by Gateway 2000, Inc. (Gateway), in each of three cases seeking, inter alia, damages for breach of express and implied warranties under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act ( 15...acceptance of the computer. The complaint sought damages for breach of written and implied warranties pursuant to the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (Magnuson-Moss Act or.... D. Common Facts In the consolidated appeals, the appellate court held that the Magnuson-Moss Act precluded binding arbitration of the consumer disputes. 331 Ill. App.3d at 848. The court reasoned that Congress intended to preserve a judicial forum for consumers. 331 Ill. App.3d at 848. Gateway's limited warranty agreement...

..., strict liability in tort, breach of warranty, strict liability for misrepresentation, violations of the Magnuson-Moss Warranty Act, and deceptive trade practices, and plaintiffs seek actual and...exemplary damages. Defendants have moved to dismiss the fifth claim for relief on the grounds that plaintiffs have failed to state a claim under the Magnuson-Moss Warranty Act, 15...U.S.C. § 2301-2312. The Magnuson-Moss Warranty Act creates federal standards for warranties provided to buyers of consumer goods. The act also provides...

...written warranties to repair defects in materials or workmanship in violation of the Magnuson-Moss Warranty Act ( 15 U.S.C. § 2301 et seq.). In the second...cause of action, Isip alleged MBUSA breached the implied warranty of merchantability as defined in the Magnuson-Moss Warranty Act, including implied warranties that the vehicle was fit for the ordinary...the Magnuson-Moss Warranty Act and the Song-Beverly Consumer Warranty Act. "In order for Maria [sic] Isip to prove that MBUSA breached the implied warranty of merchantability, you must find that...

...VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT MORRISON C. ENGLAND SENIOR UNITED STATES DISTRICT JUDGE Good cause appearing, IT IS HEREBY ORDERED that...Plaintiffs' Notice of Dismissal of the Sixth Cause of Action by Plaintiff Against Defendant for Violation of the Magnuson-Moss Warranty Act shall be, and hereby is, filed. IT IS HEREBY...ORDERED that the Sixth Cause of Action by Plaintiff Against Defendant for Violation of the Magnuson-Moss Warranty Act is hereby dismissed...

... ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' RULE 12(b)(6) MOTION TO DISMISS THE MAGNUSON-MOSS WARRANTY ACT CLAIMS; AND...vehicle, Mr. Hastings brought this suit. The Court is asked to decide whether Mr. Hastings states a plausible claim of breach of express and implied warranty under the Magnuson-Moss Warranty Act. The...). For the reasons stated below, the Court grants in part and denies in part Defendants' Rule 12(b)(6) motion to dismiss Plaintiff's Sixth Cause of Action brought under the Magnuson-Moss Warranty Act. I...

... Under the Magnuson-Moss Warranty Act and state law, revocation is available as a remedy against a manufacturer whose product comes with an express limited warranty that is passed on to the consumer by.... 2. Sales — Warranties — Remedies In an action pursuant to the Magnuson-Moss Warranty Act, a consumer may collect reasonable attorneys' fees and secure any available state...remote manufacturer for breach of express warranty by a direct seller under the Magnuson-Moss Warranty Act and state law, Costa v. Volkswagen of...

.... A. Federal-question jurisdiction: the Magnuson–Moss Warranty Act The presence or absence of federal-question jurisdiction is governed by the..., 582 F.3d 1039, 1042–43 (9th Cir.2009). For federal-question jurisdiction, Plaintiff brings one claim under the Magnuson–Moss Warranty Act, alleging that Defendants breached...Magnuson–Moss Warranty Act claim is inapplicable here. (Mot. 22.) The Magnuson–Moss Warranty Act applies to written warranties on consumer products...

...) and the Magnuson-Moss Warranty Act, a federal consumer protection oriented statute, for the alleged nonconformities...otherwise provided herein, we shall refer to 15 U.S.C.A. §§ 2301- 2312 (1982; 1997 Supp.) as "the Magnuson-Moss Warranty Act." Unless...judgment upon finding that appellant failed to establish legally sufficient evidence to pursue his claims under the Magnuson-Moss Warranty Act, the Maryland Automotive Warranty Enforcement Act...

.... ATTORNEYS FEES — MAGNUSON-MOSS WARRANTY ACT. — Where issues are inseparable and all arise out of appellant's breach of warranty..., the Magnuson-Moss Warranty Act authorizes the court to award costs and expenses, including attorney's fees, unless the court in its discretion shall determine that such award would be inappropriate...odometer. Appellee asked for compensatory and punitive damages, and made claim under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301-2312 (Supp. 1975-1980...

...Mazda Motor of America, Inc. (Mazda) ( Docs. 50, 57) on the Plaintiffs' breach of warranty claim (First Claim) and Magnuson-Moss Warranty Act claim (Second Claim) are before the Court. The...Motion for Partial Summary Judgment ( Doc. 57) on the Magnuson-Moss Warranty Act claim (Second Claim) are granted. 2. Ford and Mazda are granted partial summary judgment on the...Plaintiffs' breach of warranty claim (First Claim) and Magnuson-Moss Warranty Act claim (Second Claim) because the claims are barred by the statute of limitations. 3. The...

...of warranty on a consumer product is cognizable under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301- 2312 (1982). The plaintiffs filed suit under the...Magnuson-Moss Warranty Act (MMWA) and the Texas Deceptive Trade Practices Act, alleging that they sustained personal injuries and other incidental damages from exposure to formaldehyde fumes within a.... A CLAIM FOR PERSONAL INJURY DAMAGES FOR BREACH OF WARRANTY IS NOT COGNIZABLE UNDER THE MMWA [8] A. Overview of the MMWA The Magnuson-Moss Warranty Act was...

...breach of warranty. The jury returned a verdict in favor of appellant for compensatory damages and the trial court awarded appellant attorney's fees pursuant to the Magnuson-Moss Warranty Act. He...( 357 S.E.2d 839) (1987). 3. Contrary to appellant's contentions, the Magnuson-Moss Warranty Act does not give rise to an..., 703 (2) ( 324 S.E.2d 462) (1985). "The Magnuson-Moss Warranty Act authorizes recovery by a consumer ( who prevails in an action for damages...

.... Plaintiffs bring claims for (1) violations of the Louisiana redhibition laws, (2) lender liability, (3) violation of the Magnuson-Moss Warranty Act, and (4) negligent repair. Defendants now move to dismiss...Plaintiffs' claims for violations of the Louisiana redhibition laws and violation of the Magnuson-Moss Warranty Act for failure to state a claim upon which relief can be granted...Magnuson-Moss Warranty Act. Defendants argue that the redhibition and the Magnuson-Moss Warranty Act claims are prescribed on the face of the complaint. Defendants further argue that the RV was not...

...ERROR On appeal, Plaintiff alleges: 1. The trial court erred in failing to properly apply the provisions of the Magnuson[-]Moss Warranty Act[ ] in that it...erred in failing to find a violation of the [Magnuson–Moss Warranty] Act. 3. The trial court erred in failing to find the engine failure was caused by “a defect, malfunction, or...failure to conform with such written warranty” within the meaning of the Magnuson[-]Moss Warranty Act. 4. The trial court erred by failing to enter judgment in favor of [P]laintiff...

...warranty pursuant to the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, Section 2301 et seq., Title 15, U.S.Code; and two, as a matter of law, what constitutes a new motor...: first, breach of a written warranty, pursuant to the federal Magnuson-Moss Warranty Act; second, breach of an implied warranty of merchantability, also pursuant to the Magnuson-Moss Warranty Act; and..., Volkswagen had violated its implied warranty of merchantability pursuant to the Magnuson-Moss Warranty Act and had breached its duty, pursuant to the Lemon Law, to conform the vehicle to its express...