Contract – Warranty | Wisconsin Law Journal

By: Derek Hawkins//August 5, 2019//

Listen to this article

7^th Circuit Court of Appeals

Case Name: SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products

Case No.: 18-3149

Officials: HAMILTON, BARRETT, and SCUDDER, Circuit Judges.

Focus: Contract – Warranty

Contractual disputes can be messy and present many tangled knots. A year ago in a similar contractual dispute under Indiana law we observed that sometimes the harder questions can be avoided where the evidentiary record shows that the plaintiff “failed to prove its damages with anything close to reasonable certainty.” Entertainment USA, Inc. v. Moorehead Communications, Inc., 897 F.3d 786, 797 (7th Cir. 2018). This same observation and evidentiary shortcoming resolves this appeal and leads us to affirm the district court’s judgment against SelectSun GmbH in this contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union.

Affirmed

Full Text

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.