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Miller v. Herman

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ARGUED JANUARY 13, 2010

Before BAUER, MANION, and TINDER, Circuit Judges.

Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman’s construction company, James G. Herman & Associates, and Pella Products, Inc. (“Pella”) pursuant to the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, 15 U.S.C. §§ 2301-2312 (“Magnuson-Moss” or “the Act”), and various Illinois law theories. On motion by Herman and Herman & Associates, the district court dismissed the suit for lack of subject matter jurisdiction. Miller appeals. We affirm the dismissal of the Magnuson-Moss claims on modified grounds, though we vacate the dismissal of Miller’s state law claims and any related crossclaims, third-party claims, and counterclaims, and order a limited remand so the district court can determine whether it should exercise supplemental jurisdiction over them.

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