Kalima, et al. v. State of Hawai‘i, et al. Civil No. 99-4771-12 Welcome to the informational website for the Kalima v. State of Hawai‘i class action lawsuit. This website was created as a central site for the claimants and the public to get updates on the case, documents, and obtain information. We will update this website as the case progresses and we receive new information.
This case was filed on behalf of the 2,700 people who filed claims with the Native Hawaiian Claims Panel ("Panel") between 1991 and 1995. Only those people who filed claims with the Panel between 1991 and 1995 are a part of this lawsuit. More information can be found on the Frequently Asked Questions page.
If you have a potential lawsuit involving other Native Hawaiian issues, please call the Native Hawaiian Legal Corporation at (808) 521-2302.
HISTORY OF THE CASE
Governor's Task Force
In 1988, Governor John Waihee adopted task force recommendations to resolve breach of trust claims by Native Hawaiians against the State of Hawai‘i in the administration of the Hawaiian Homelands program. This process resulted in the establishment of a Hawaiian Claims Office Individual Claims Panel (“Panel”) in 1991 pursuant to the requirements of Hawaii Revised Statues Chapter 674. See a copy of HRS Chapter 674 on the Important Documents page.
Under Chapter 674, Native Hawaiians who alleged a breach of trust in the management and disposition of trust resources between 1959 and 1988 were entitled to pursue their claims for breach of trust administratively and judicially. Because the Panel did not complete its work by 1999, the Legislature extended its existence for one year. However, that bill was vetoed by the governor.
The termination of the Panel operations left the beneficiaries in a classic “Catch-22.” In order to file a claim in Circuit Court, the claimants had to reject Legislative action taken on their claims. However, the Legislature had taken action on only one of the 4,000 plus claims filed by the 2,721 claimants.
Lawsuit Filed in 1999
A lawsuit brought by beneficiaries of the Hawaiian Home Lands trust was filed in Circuit Court on December 29, 1999. Under Chapter 674, the lawsuit could only be filed on behalf of beneficiaries who filed claims with the Panel by August 31, 1995. The case was titled Kalima v. State of Hawai‘i. In June 2000, Judge Victoria Marks certified Count I of the Complaint as a class action and ruled in Plaintiffs’ favor that they had a right to sue for breaches of trust in circuit court. See Judge Marks' Order on the Important Documents page. The State filed their notice of appeal on December 20, 2001. Hawai‘i Supreme Court Ruling
On June 30, 2006, six years after Judge Marks certified Count I of the Complaint, the Hawai‘i Supreme Court ruled that claimants have the right to sue for monetary damages in Circuit Court for breaches of trust that occurred between 1959 and 1998. See Hawaii Supreme Court Ruling on the Important Documents page.
Subclass Certification
After the Supreme Court ruling in 2006, the Plaintiffs amended their complaint to pursue the claims on a subclass wide basis. See Second Amended Complaint on Important Documents page.
Plaintiffs then moved to certify five subclasses to make the case more manageable. Judge Marks certified five subclasses: Waiting List, Ultra Vires, Uninhabitable Awards, Lost Application, and Successor Rights. Subclass 1, Waiting List, is by far the largest of the subclasses, including almost all of the class members. See Order Granting Plaintiffs' Motion for Class Certification on Liability for Subclass 1 Through 4 and 6 Filed March 20, 2007 on the Important Documents page.
Trial
The trial for the liability portion of Subclass 1, Waiting List, started on August 4, 2009. The trial ended on September 11, 2009. Approximately three weeks later, on November 3, 2009, Judge Eden Hifo rendered her written decision and ruled that the State of Hawaii breached its trust obligations and was liable for the delays in receiving homesteads by the beneficiaries. See Decision Regarding Liability and Legal Causation Following Trial on the Important Documents page.
Judge Hifo retired at the end of 2009 and we are waiting for assignment of a new Judge.
We are currently working on the damages portion of the case and will file a motion to certify the Waiting List damages claims as a class action. If the case is not certified as a damages class, the Court will have to consider each of the 2,700 claims individually.
For more information, see the Frequently Asked Questions page.
Toll-free number: (888) 901-4564
For more information, please go to the Contact Us page and submit a request for more information. |
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Recent Announcements
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Update on the April 27 Status Conference
The attorneys for Plaintiffs and Defendants met with Judge Virginia Crandall on April 27 to discuss the Opt-Out Notice that will be sent to class members and the schedule for the rest of the case.
We estimate that Defendants will send out the notices in mid-May. Please do not contact us with questions about the Opt-Out Notice until you have received it the mail.
If you have moved and need to update your address, please contact the Department of Hawaiian Home Lands at (808) 620-9500.
Next Hearing Date: July 31, 2012, 9:30 am
Courtroom 11 4th Floor First Circuit Court 777 Punchbowl Street Honolulu, Hawaii 96813
This hearing will be to decide the following motions filed on February 10, 2012:
1. Plaintiffs' Motion for Partial Summary Judgment on Financial Qualification Requirements Imposed on Beneficiaries Seeking Homestead Awards; 2. Plaintiffs' Motion for Partial summary Judgment that "Deferred Status" Imposed by DHHL is Not a Bar to Damages in This Case…; 3. Defendants' Motion for Adoption of Specific Rules to Govern Computation of Damages (Part 1); and 4. Defendants' Motion for Adoption of Specific Rules to Govern Computation of Damages (Part 2).
We appreciate your support and ask that you attend the hearing if you are able to.
Any additional motions will be filed by August 13, 2012. The hearing for these motions will be on August 31, 2012 at 9:30 am.
The trial for the damages portion of this case has been scheduled to start on March 4, 2013.
Please understand that the above dates are what has been scheduled at this time and are subject to change at anytime. We ask for your patience and understanding if any of the above dates are changed. We will try to inform you via this website and the toll-free number of any changes to the schedule as soon as we can.
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Posted May 2, 2012 7:18 PM by Vivien Akiyama
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Update on April 13, 2012 Hearing
The Next Update Will Be April 28, 2012.
Mahalo to all of you who attended the hearing on April 13. We appreciate all of your support!
Notice and Opt Out Motion
Judge Virginia Crandall granted Plaintiffs’ Motion to Provide Notice and Allow Opt-Out of the Waiting List Damages Subclass. Judge Crandall ruled that all Waiting List Subclass members will be sent a court-approved letter which will:
1) inform Subclass members of the case status and
2) allow any class member to pursue his or her own damages case by opting out of the Waiting List Subclass.
The notice will be paid for by the State.
Opting-out of the Waiting List Subclass for damages means that the class member will proceed individually to a damages trial.
Opting out may be a good option for class members who are seeking something other than for delays in residential, pastoral or agricultural homestead awards. If, for example, there are claims based on lost business opportunities, opting out may be an option that ought to be considered, since these types of delay claims must have damages proven on an individual basis.
The opt out notice will explain that if you do not wish to continue as a member of the Waiting List Damages Subclass, you may opt out of the Subclass and:
a) Hire your own attorney and file your own claim; b) File your claim pro se without an attorney; or c) Elect not to pursue your damage claims in this case.
Class Counsel cannot represent and/or advise individuals who opt out of the case.
You should receive the opt-out notice in the next six weeks. It will fully explain your rights and your options.
Please do not contact Class Counsel at this time about your opt-out rights. You will be sent a notice from the court that explains your options. Damages Motions
The Court is deferring consideration of the damages motions, setting rules for recovery of damages and the method of computing damages until the opt out notice is sent to Subclass members.
Status Conference – April 27, 2012 A status conference will be held on April 27 to review the proposed notice and to set a schedule for the remainder of the case. This is a status conference and not a hearing; status conferences are not open to the public. The Next Update Will Be After the Status Conference Held April 27, 2012
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Posted Apr 16, 2012 3:07 PM by Vivien Akiyama
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BRIEFS ON MEASURING DAMAGES FOR WAITING LIST SUBCLASS FILED
Plaintiffs and the State have filed important motions to set the standards or rules for recovering damages. Judge Crandall will decide the motions on April 13, 2012 and on April 27, 2012, if necessary.
The State wants Waiting List Subclass members to prove they were financially qualified to build a house on a homestead residential lot as a condition of receiving damages.
Plaintiffs are asking the Court to exclude financial qualification requirements as a condition of receiving damages.
The State wants to limit damages to the period before a homesteader deferred a homestead offering.
Plaintiffs are asking the Court to exclude deferrals as a condition of receiving damages.
Several class members have unique damage calculations (such as loss of a commercial lease). Plaintiffs want to allow Waiting List Class Members to opt-out of the damages trial and to file their own lawsuit to measure damages.
The State is asking the Court to impose twenty-four (24) rules to limit the damages available to class members.
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Posted Feb 13, 2012 5:42 PM by Vivien Akiyama
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HEARING: April 13, 2012
The new hearing date on the motions to determine damages model has been confirmed:
DATE: Friday, April 13, 2012 TIME: 9:00 a.m. (the hearing will last appx. 1 hour)
LOCATION: Courtroom 11 4th Floor First Circuit Court 777 Punchbowl Street Honolulu, Hawaii 96813
If the hearing is not completed on April 13, the hearing will continue on April 27, 2012 at 9:00 a.m.
The briefs for the hearing will be posted to this website after February 10, 2012.
We appreciate your support and ask that you please attend the hearing if you are able to.
Parking is available at the Courthouse or at the Department of Transportation Building at the corner of Punchbowl and Halekauwila. |
Posted Feb 7, 2012 2:02 PM by Vivien Akiyama
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Update on October 13, 2011 Hearing
On October 13, Judge Virginia Crandall considered motions to decide how damages would be measured for the Waiting List Subclass. Liability, Causation, and Fact of Damage Already Proven Judge Crandall ruled that Plaintiffs have already won liability (that the State breached its trust obligations), causation (that the breach of trust caused injury), and the fact of damage (that the breach of trust caused class members to suffer monetary losses because of the delay in getting homesteads). The State argued that Plaintiffs must reprove causation and the fact of damage and Judge Crandall rejected that position and agreed with Plaintiffs that liability, causation, and the fact of damage have already been proven. Damages To Be Measured by Fair Market Rental Value or Out of Pocket Expenses Judge Crandall also ruled that damages would be measured either by the fair market value of a comparable homestead lot or by the actual out of pocket expenses. Judge Crandall stated that she would make a final decision in the future about which measure would be accepted. Plaintiffs suggested that both measures of damages be adopted. Six-Year Delay To Start Damages Judge Crandall ruled that the normal lot development time for a residential homestead was six years based upon Judge Hifo’s prior ruling. For purposes of calculating damages, the time will run six years from the date a beneficiary is placed on the waiting list. Next Steps Motions will be presented by the parties to determine how to deal with defenses raised by the Defendants, such as whether an offering letter sent to beneficiaries stops damages at that point in time. Class Counsel and the State attorneys are meeting with Judge Crandall on Monday, October 17, 2011 and will decide on a schedule for the motions. Class Counsel believe that we have made large and important steps in moving the case forward. Judge Crandall did not decide in our favor on all issues, but we prevailed on the important issues. We will update this website as we have more information. Please Attend Future Hearings We would like to thank all the people who came to the court to support us. It is very important that the judge know that you are all still interested and involved in the case.
If you would like to be added to our e-mail list to receive updates on the case and reminders of the hearings, please go to the Contact Us page and enter in your name, e-mail address, and type "mailing list" in the comments section. |
Posted Oct 14, 2011 2:53 PM by Vivien Akiyama
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