Summary Judgment – Issue of Material Fact

By: Derek Hawkins//September 18, 2019//

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7^th Circuit Court of Appeals

Case Name: Driveline Systems, LLC, v. Arctic Cat, Inc.

Case No.: 18-1424

Officials: WOOD, Chief Judge, and BAUER and ROVNER, Circuit Judges.

Focus: Summary Judgment – Issue of Material Fact

Driveline Systems, LLC (“Driveline”) filed a breach of contract lawsuit against Arctic Cat, Inc. (“Arctic Cat”) over a supply contract for specially manufactured goods. Counts II-V were resolved against Driveline by summary judgment. The remaining claim and Arctic Cat’s countersuit were resolved by a trial on the papers. Driveline appeals the district court’s grant of summary judgment on Count II, arguing that there were genuine issues of material fact which preclude summary judgment.

Because genuine issues of material fact exist, neither party is entitled to judgment as a matter of law. The district court’s grant of summary judgment is vacated and the matter is remanded to the district court for further proceedings consistent with this opinion.

Vacated and remanded

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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.

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