If You Filed a Claim With the Hawaiian Home Lands Trust Individual Claims Review Panel On Or Before August 31, 1995, You May Be Entitled to Receive a Settlement Payment as a Class Member.
November 22, 2023, Update:
Payments for Living Class Members were mailed on November 21, 2023. While payments were sent USPS Priority Mail, it will take approximately 7 to 10 business days, not including weekends or holidays, for delivery.
Payments to estates of Deceased Class Members will be made after they are reviewed and approved in the Probate Plan process. A timeframe for payments to estates of Deceased Class Members is not currently available. A probate notice with more information is expected to be mailed by December 1, 2023, to Deceased Class Members’ estates and family representatives. That notice will contain additional information about the Probate Plan process.
October 26, 2023, Update – Supreme Court Dismissed Appeal; Settlement Payment Process Update:
On October 26, 2023, the Hawai‘i Supreme Court dismissed the appeal filed by a class member and ruled that he had no claim. The case was sent back to the circuit court. Click here to see a copy of the Supreme Court opinion. This was the only appeal filed in the case.
Class Counsel has requested and the Civil and Probate Courts have signed a joint order directing immediate transfer of the Settlement Fund to the Claims Administrator so that payments for Living Class Members can be distributed as soon as possible.
Please continue to monitor this website for updates regarding the timing of the mailing of checks to Living Class Members.
Settlement Payments for Living Class Members
All payments will be sent USPS Priority Mail. For increased security, payments over $25,000 being mailed to a street address will be sent USPS Priority Mail and will require someone 18 years or older to sign for receipt.
Payments of $25,000 or more being sent to a post office box will be sent USPS Priority Mail and will require recipients to sign for receipt.
Settlement Payments for Deceased Class Members
The Court has approved a process for the distribution of settlement proceeds to the heirs and devisees of Deceased Class Members. Heirs and devisees do not need to hire private attorneys to help with the probate process but may do so at their own cost. If you chose to hire your own counsel, please notify the Claims Administrator of this no later than December 1, 2023.
Relatives and Heirs – Deceased Class Members Information Forms
It is essential to have complete information regarding possible heirs and devisees of Deceased Class Members. Payments to heirs cannot be made without this information. If you are and heir and have not already done so, please complete and submit a Deceased Class Member Information Request Form as soon as possible. Please read pages 5-6 of the Third Notice carefully for more information about probate.
November 7 and December 12, 2023 Attorney Talk Story Zooms – Probate Plan
For relatives and representatives of deceased Class Members, please attend the November 7, 2023 and December 12, 2023 Attorney Talk Story Zooms. These Talk Story sessions will focus on probate matters and will be hosted by Probate Special Master Emily Kawashima and Probate Special Counsel Scott Suzuki.
Please click here for information for relatives of deceased Class Members.
October 10, 2023, Update – Settlement Payments Delayed:
Settlement payments to eligible Class Members are delayed. A date for payment distribution is not currently known and cannot be estimated at this time. This delay is the result of a letter filed with the Court on August 17, 2023. On October 9, 2023, the Court announced it is treating the letter as an appeal.
- Click here to see the August 17, 2023, letter
- Click here to see the Court’s October 9, 2023, order regarding the letter
- Click here to read a letter from Class Counsel explaining the current status of the case and next steps.
- On October 17, 2023, the Supreme Court assumed control over the appeal. Click here to read a copy of the Supreme Court Order.
Please do not call the Court or Class Counsel regarding this matter. Class Counsel is actively taking measures to address the appeal and order. Continue to monitor this website and attend the Zoom Talk Stories with Attorneys for further updates.
August 14, 2023, Update - Class Members Living on Maui:
As the tragic consequences of the Maui fire are becoming clearer, adjustments in the claims process may be made to meet the needs of Class Members and heirs of Class Members affected by the disaster at the earliest date possible after September 1, 2023. If you are a Class Member or representative of an estate of a deceased Class Member or representative who has received Notice #3 stating that you or the estate have a valid claim and you or a potential heir have been directly affected by the Lahaina fire resulting in a change of your or the heir’s current address, please contact the Claims Administrator to update your or the potential heir’s contact information as soon as possible.
If you are a Class Member, please update your address by filling out an Information Request Form here.
If you are a potential heir, please update your address by filling out a Deceased Class Member Information Request Form here.
You may also send the updated information to info@Kalima-Lawsuit.com, or call 1-808-650-5551 or 1-833-639-1308 (Toll-Free). Please update contact information only if you are a Class Member or a potential heir and have been directly affected by the Lahaina fire resulting in a change of your or the heir’s current address.
If you are not directly affected by the Maui fire but are in contact with a Class Member who is affected, please encourage them to provide the Claims Administrator with any updated contact information.
For those Class Members, representatives and heirs who have been affected by this disaster, please know that our thoughts are with you, your ohana, and community.
August 4, 2023, Update:
Final Approval Order Signed
On Tuesday, August 1, 2023, First Circuit Judge Lisa W. Cataldo signed the Order Granting Final Approval and for Attorneys Fee and Judgment for the Kalima v. State of Hawai‘i Settlement. The appeal deadline for the Order and Judgment is August 31, 2023.
Please check this settlement website after September 1, 2023, to determine whether an appeal has been filed.
Settlement Payments for Living Class Members
All payments will be sent USPS Priority Mail. For increased security, payments over $25,000 being mailed to a street address will be sent USPS Priority Mail and will require someone 18 years or older to sign for receipt.
Payments of $25,000 or less being sent to a post office box or street address will be made by regular mail. Payments of $25,000 or more being sent to a post office box will be sent USPS Priority Mail. For increased security, payments over $25,000 being mailed to a street address will be sent by USPS Priority Mail and will require recipients to sign for receipt.
Settlement Payments for Deceased Class Members
The Court has approved a process for the distribution of settlement proceeds to the heirs and devisees of Deceased Class Members. Heirs and devisees do not need to hire separate private attorneys to help with the probate process but may do so at their own cost. If you chose to hire your own counsel, please notify the Claims Administrator of this no later than December 1, 2023.
Relatives and Heirs – Deceased Class Members Information Forms
It is essential to have complete information regarding the heirs and devisees of Deceased Class Members. Distributions to heirs cannot be made without this information. If you have not already done so, please complete and submit a Deceased Class Member Information Request Form as soon as possible. Please read pages 5-6 of the Third Notice carefully for more information about probate.
September 12, 2023 Attorney Talk Story – Probate and Financial Literacy
The September 12, 2023 Attorney Talk Story will focus on probate matters and will be hosted by Probate Special Master Emily Kawashima and Probate Special Counsel Scott Suzuki. There will also be a short presentation about financial literacy issues by the Sovereign Council of Hawaiian Homestead Associations (SCHHA).
July 21, 2023 Update:
Final Approval Hearing – July 21, 2023
First Circuit Judge Lisa W. Cataldo approved Plaintiffs Motions for Final Approval of the Settlement Agreement and for Fees on July 21, 2023. The Court ruled that the $328 million settlement was fair, reasonable and adequate that that attorneys’ fees of 12.19% of the settlement ($40 million) fairly compensated class counsel.
About 50 people attended the hearing and 120 attended by Zoom. There were 577 letters of support from Class Members and family members and 6 written objections field to individual claim amounts. The Court denied these objections. There were no objections that the settlement was not fair, reasonable and adequate.
Five Class Members made statements in support of the settlement and the fees: Ralph Vierra for his mother, Irene Cordeiro-Vierra; Kealoha (Ralph) Kelekolio; Class Representatives Diane Boner, Leona Kalima and Raynette Ah Chong, for her father Joseph Ching.
Settlement Special Master Judge Michael Broderick also made a statement to the Court.
Questions?
Please do not call the Judge, the Clerk of the Court, or the State of Hawai‘i about this notice. They will not be able to give you advice about this case. If you have questions, please contact the Claims Administrator at 1-808-650-5551 or 1-833-639-1308 (Toll-Free) or via email to info@Kalima-Lawsuit.com .
Thank you for your continued patience and kōkua.
Who Is Part Of This Lawsuit
The Class Members for this Settlement are “All persons who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel on or before August 31, 1995.”
The Following Persons Will Not Receive a Settlement Payment
- Individuals who did not file a claim with the Panel on or before August 31, 1995.
- Individuals who filed a timely claim with the Panel but the claim did not assert an individual breach of trust which occurred between August 21, 1959, and June 30, 1988.
- Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.
- Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.
- Individuals who filed a timely claim with the Panel but settled their claim.
- Individuals who opted out of the Lawsuit in response to the 2007 class notice.
- Individuals who opted out of the Lawsuit in response to the 2012 class notice.
- Individuals who opt out of the Settlement Class and this Settlement by sending a valid and timely Opt-Out Letter to the Claims Administrator.
If you have another legal claim involving Hawaiian Home Lands issues, please call the Native Hawaiian Legal Corporation at 1-808-521-2302 or the Hawai'i Association for Justice at 1-808-262-9191.
NOTICE: The attorneys and other people working on this case will never ask you for your banking or other financial information. You may be asked to verify your identity.
Please do not call the Judge, the Clerk of the Court, or the State of Hawai'i about this case. They will not be able to give you advice about this case. If you have questions, please call 1-808-650-5551 or 1-833-639-1308 (Toll-Free).