Limited Remedy – Uniform Commercial Code

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7^th Circuit Court of Appeals

Case Name: Sanchelima International, Inc., et al. v. Walker Stainless Equipment Co., LLC, et al.

Case No.: 18-1823

Officials: BAUER, KANNE, and BRENNAN, Circuit Judges.

Focus: Limited Remedy – Uniform Commercial Code

Decades ago, the Wisconsin Supreme Court interpreted two limited remedy provisions of the Uniform Commercial Code in Murray v. Holiday Rambler, Inc., 265 N.W.2d 513 (Wis. 1978). Wisconsin courts, and this court, have faithfully applied Murray since. But several other states have interpreted the same UCC provisions differently. On this basis alone, appellants ask us to overturn Murray, or at the least to certify the question to the Wisconsin Supreme Court. We cannot overturn established state precedent simply because it may be out of step with modern trends. A Japanese proverb may teach that “the nail that sticks out gets hammered down.” But federal courts wield no such hammer when it comes to issues of state law. Murray remains the binding interpretation under Wisconsin law until and unless the Wisconsin Supreme Court decides to overturn it.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.