Robert E. Kelly Virginia L. Kelly v. Fleetwood Enterprises, Inc.

ORDER

The Opinion filed on May 27, 2004, is amended. The attached amended Opinion shall be filed.

With the amendments, the panel has voted to deny the petition for panel rehearing. Judges McKeown and Fisher have voted to deny the petition for rehearing en banc, and Judge Goodwin so recommends.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are denied.

OPINION

We consider here whether personal injury and punitive damages are cognizable under the Magnuson-Moss Warranty Act (the “Act”), 15 U.S.C. § 2301 et seq. This consumer dispute stems from Robert and Virginia Kelly’s purchase of a leaky motor home manufactured by Fleetwood Motor Homes of California (“Fleetwood Motor Homes”). The Kellys sued Fleetwood Enterprises, Fleetwood Motor Homes’ parent company, for damages. Because the loss of enjoyment and punitive damages the Kellys seek are not recoverable under the Magnuson-Moss Act, their federal claims do not meet the Act’s $50,000 threshold amount in controversy. Without a proper…