Kalima, et al. v. State of Hawai‘i
Civil No. 99-4771-12, First Circuit Court, State of Hawai'i
CURRENT STATUS OF CASE AS OF JUNE 7, 2022:
The Court has granted preliminary approval to the Settlement. Notice will be sent to class members in early July, 2022.
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 IN KALIMA et al. v. STATE OF HAWAI'I et al.
A tentative settlement has been reached in Kalima et al. v State of Hawai'i et al., Civil No. 99—4771-12 LWC, pending in the First Circuit Court, State of Hawai'i. The Settlement will resolve a lawsuit filed on behalf of Native Hawaiian Beneficiaries of the Hawaiian Home Lands Trust who filed breach of trust claims with the Hawaiian Home Lands Trust Individual Claims Review Panel before August 31, 1995.
The Settlement has been approved by the legislature but must be signed into law by Gov. David Ige.
On June 6, 2022, Judge Lisa W. Cataldo granted preliminary approval to the settlement. A final approval hearing will be held next year after the claims administration process is completed.
This website explains the lawsuit, the terms of the proposed settlement, and the legal rights and obligations of the Settlement Class Members. Please read the information below so that you can better understand your legal rights.
The State of Hawai'i has agreed to create a $328 million Settlement Fund for the Class Members. If the Settlement is approved, each Settlement Class Member who has a valid claim will be eligible to receive a payment paid out of the Settlement Fund, after payment is made for special master and claims administration costs, attorneys’ fees, and a Class Representative Incentive Award.
Settlement Class Members whose claims are validated will receive payment based upon an established Court-approved distribution plan. The court will be asked to approve a payment for each Settlement Class Member with a valid claim which will be determined by a formula based on the Fair Market Rental Value of a homestead lot.
The payment amount cannot be determined at this time, but each Settlement Class member will be notified at a later date of the following: (1) whether their claim is valid, and, if so: (2) the estimated amount to be paid to that Class member under the Settlement.
Class members and representatives of deceased class members will be mailed detailed information about their legal rights and options.
If you are a class member you do not have to take any action at this time for your claim to be considered. However, please provide current contact information by the methods described below.
If you are a relative of a deceased class member, please have your family designate a person to receive information for your family by the methods described below.
You may update your contact information in any of four ways:
• Call 808-650-5551 or 1-833-639-1308; or
• Update your information through this website; or
• Mail back the Information Request Form that will be mailed to you; or
• Attend a community meeting to be held in your area or virtually online. Check Important Dates for the schedule.
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:
1) Individuals who did not file a claim with the Panel on or before August 31, 1995.
2) 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.
3) Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.
4) Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.
5) Individuals who filed a timely claim with the Panel but settled their claim.
6) Individuals who opted out of the Lawsuit in response to the 2007 class notice.
7) Individuals who opted out of the Lawsuit in response to the 2012 class notice.
8) 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 (808) 521-2302 or the Hawai'i Association for Justice at (808) 262-9191.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Right to Settlement Payment for Class Members
If you are a Class Member, you do not have to take any action at this time to receive a settlement payment. The validity of your claim will be determined at a later date. However, please confirm and update your mailing address, telephone number(s) and e-mail address by clicking here. For more information, please click here.
Right to Settlement Payment for Deceased Class Members
If you are a relative of a deceased Class Member, please designate someone to represent your family. Please provide your name, mailing address, telephone number(s) and e-mail address by clicking here. For more information, please click here.
If You Wish to Exclude Yourself from Participating in the Settlement
You may exclude yourself from participating in this Settlement. If you do so, you will not receive a payment from the Settlement Fund. You will retain any claims you may have against the State of Hawai'i and the Released Parties (as that term is defined in the Settlement Agreement) and are free to pursue whatever legal right you may have at your own risk and your own expense.
To exclude yourself from the Settlement, you must mail a signed letter to the Claims Administrator at P.O. Box 135035, Honolulu, Hawai’i 96801, postmarked by December 15, 2022. The exclusion letter must state that you exclude yourself from this Settlement and must include the name and case number of this litigation as well as your full name, address, telephone number, a statement that you wish to be excluded, and your signature.
If you wish to exclude the claims of a deceased class member, you must obtain probate court approval appointing you as the personal representative of the estate.
If you intend to file a separate lawsuit, limitations periods may bar your claim if it is not timely filed. Any separate lawsuit should be filed before April 14, 2023 to ensure it falls within the potential statutory limitations period. Please consult with a lawyer about filing your claim.
You may file an objection if you wish to object to the Settlement. The proposed deadline to object to the Settlement is March 15, 2023.
Community Meetings in person and via Zoom
Call (808) 650-5551 OR
December 15, 2022 (proposed)
Deadline to Exclude Yourself from the Settlement
March 15, 2023 (proposed)
Deadline to Object to the Settlement
April 14, 2023, 9:00 a.m. (proposed)
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 (808) 650-5551 OR 1-833-639-1308.
E-mail Distribution List
If you would like to be added to our e-mail list to receive updates on the case, please go to the Contact Us page and enter in your name, e-mail address, and type "mailing list" in the comments section.