Dryvit Sys., Inc. v. Great Lakes Exteriors, Inc.

In this Michigan diversity contract dispute, Dryvit Systems (“Dryvit”) claims that Great Lakes Exteriors (“GLE”) owes it attorney’s fees for the loss of a previous action (GLE I) between them, pursuant to a “prevailing party” clause in their contract. Dryvit appeals both the district court’s grant of GLE’s Fed.R.Civ.P. 12(b)(6) motion, and the court’s denial of Dryvit’s summary judgment motion. We AFFIRM based on res judicata.

*311FACTUAL and PROCEDURAL BACKGROUND

Dryvit manufactures products used in exterior wall covering systems. GLE distributes these exterior wall products. They entered into a…