March 13, 2018

Fishkin Lucks Prevails on Motion for Summary Judgment in Hawaii Circuit Court

Fishkin Lucks and local Hawaii counsel prevailed on a motion for summary judgment today in the Circuit Court of Hawaii, securing a complete dismissal of all claims against our client, a leading provider of integrated exterior wall systems and products.  Plaintiff, the homeowners association of the Waipouli Beach Resort located on the island of Kauai, had asserted claims against a number of construction professionals and contractors alleging that they negligently designed and constructed the resort; and against our client, which manufactured finish coat applied to soffits on the resort’s exterior building envelope, alleging that the finish coat was defective, causing the soffits to blister and delaminate.  Following extensive motion practice, an appeal to Hawaii’s Intermediate Court of Appeals and an application for writ of certiorari to the Hawaii Supreme Court, the Fifth Circuit Court dismissed all claims against our client on the basis of res judicata, agreeing with our argument that the client was in privity with a party to an earlier settled lawsuit that involved similar issues.