December 9, 2019

Fishkin Lucks Obtains Voluntary Dismissal in Travis County, Texas

Fishkin Lucks and local Texas counsel secured a voluntary dismissal today of product liability claims brought in the District Court of Travis County, TX against our client, a leading manufacturer of integrated exterior wall systems and products.  Plaintiff, the owner of the Hotel Van Zandt in Austin, Texas, had asserted claims against the architect and general contractor, alleging that they negligently designed and constructed the hotel, seeking over $10M in damages.  The general contractor brought third-party claims against numerous subcontractors alleging faulty construction; and against our client, which manufactured the stucco products applied to the hotel’s exterior building envelope, asserting claims for contribution/indemnity and also alleging that our client had breached a materials warranty. Following discovery that stretched over 2 years, which included the production of hundreds of thousands of construction documents, numerous depositions, and a lengthy mediation, the Firm and local counsel moved for summary judgment on the ground that the evidence against our client was legally insufficient.  Shortly after receipt of the motion, the general contractor voluntarily agreed to dismiss all claims against our client.