By: Derek Hawkins//August 5, 2019//
7th 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