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Notable Cases

Notable Cases

Business and Real Estate Law

  • Kuleana Ku’ikahi, LLC, v. State of Hawai’i, Land Use Commission, 130 Hawai’i 347, 310 P.3d 1048 (App. 2012) (without the need for a reclassification of district boundaries, HRS § 205-­17 does not confer jurisdiction to LUC over whether native Hawaiian traditional and customary rights are being adversely affected by the subdivision uses, whether such uses are prohibited under HRS § 205­-17 or whether the subdivision uses interrupt the flow of Kaua’ula Stream and damage the eco­system in violation of HRS § 205-­17; the declaratory ruling procedure under HRS § 91­8 is not a proper means to seek review of County of Maui decisions)
  • Pacific Helicopter Tours, Inc., v. Coulson Aircrane, Ltd. (Successful settlement obtained in complex aviation litigation in U.S. federal court in Hawaii and Vancouver, Canada)(2008)
  • Fujimoto v. Au, 95 Hawai’i 116, 19 P.3d 699 (2001) (Hawaii families, putative investors in limited partnerships, with direct and derivative claims, win decision that “innocent” general partners are jointly and severally liable for any wrongful acts and breach of trust chargeable to the partnership on the basis of other general partners’ tortious misconduct)

Family Law/Divorces

  • Henna v. Hayashida 129 Hawai’i 448, 302 P.3d 716 (App. 2013) (parties’ age and life expectancy, separate economic lives and medical conditions were not valid and relevant considerations (VARCs) “warranting deviation from the partnership model.” The Family Court did not abuse its discretion in denying ex­wife motion for a new trial following ex­husband death after a bifurcated trial but before the court entered its orders dividing and distributing the estate of the parties.)
  • Onaka v. Onaka, 112 Haw. 374; 146 P.3d 89 (2006) (Hawaii Supreme Court affirms all 24 Family Court Orders appealed from concerning the division of property and debts)
  • Savage v. Savage (HI. 2002) (husband wins custody over his two sons who live in Hawaii and Oregon)
  • Onaka v. Onaka (Utah, 2002) (husband wins reversal of federal bankruptcy discharge obtained by his ex-wife)
  • Onaka v. Onaka (HI. 2001) (husband wins all of his Hawaii and Las Vegas business assets in divorce case, and wife must pay his legal fees)