(United States Second Circuit) - In an action arising out of plaintiff's purchased of a purportedly faulty 'certified pre‐owned' BMW from auto dealer-defendant,alleging violations of the Magnuson‐Moss Warranty--Federal Trade Commission Act (MMWA), 15 U.
S.
C. section 2301 et seq., and current York State law,the district court's dismissal of the amended complaint -- on grounds that the value of plaintiff's MMWA claims did not amount to $50000 and that she could neither amend her complaint to add a claim for punitive damages under the MMWA, nor rely on the value of her state‐law claims, and to meet the jurisdictional threshold -- is reversed where the value of plaintiff's MMWA claims,as pled, exceeds $50000.
Source: findlaw.com