Sookhoo v. Becton Dickinson & Co.

OPINION OF THE COURT

This is an appeal of a summary judgment order. The relevant facts are set out in the District Court’s opinion. We find that there exists a genuine issue of material fact, and we therefore reverse the District Court’s summary judgement order and remand for trial.

In its complaint, Sookhoo alleged that he had a contract with Becton Dickinson and Company (“BD”) to be BD’s exclusive distributor in Trinidad. 1 Unfortunately for Sookhoo, he was unable to produce a written copy of any contract. In response to the complaint, BD submitted a motion to dismiss under FRCP 12(b)(6),…