United States Seventh Circuit

In plaintiff's action under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act and state law, in connection with the construction of his new home claiming that defendant's installation of windows caused him personal and property damage from water leaks, dismissal of the suit for lack of subject matter jurisdiction is modified in part, vacated in part, and remanded where: 1) district court's dismissal of plaintiff's Magnuson-Moss claims is modified to reflect dismissal under Rule 56 as the determination that windows are not "consumer products" is properly understood as a merit-based rather than a jurisdictional determination; and 2) district court's dismissal of state law claims, and any crossclaims, counterclaims and third-party claims is vacated and remanded so that the district court can consider whether an exercise of supplemental jurisdiction is warranted.

Appellate Information

• Decided 03/25/2010
• Published 03/25/2010

Judges

Court

• United States Seventh Circuit

Counsel