Kalima v State – A Class Action Case Study
This program is a recording of the Live Webcast Seminar held on June 9, 2021.
If you attended the live webcast; You cannot claim CLE for watching this recorded program.
This seminar will provide an overview of the Hawai'i class action rule (HRCP 23) and its potential for innovative use in complex, multi-party litigation.
In 2020, the Hawai'i Supreme Court affirmed judgment for breach of trust by the State of Hawai'i for its failure to award homesteads to Native Hawaiian beneficiaries of the Hawaiian Home Lands Trust. Kalima v. State, 468 P.3d 143 (June 30, 2020)
Filed in 1999 on behalf of 2,721 Native Hawaiians who suffered breach of trust between 1959 and 1988, the case involves nine discreet subclasses and hundreds of individualized claims.
Early in the case, class counsel devised a strategy of filing successive class certifications to attempt to resolve as much of the case as possible on a class-wide basis. Grande, Innovative Class Action Techniques – the Use of Rule 23(B)(2) in Consumer Class Actions. 15 Loy. Consumer L. Rev. 251 (2002).
This strategy was successfully implemented over the past twenty-two years in in five sequential certifications:
• HRCP 23(b)(1) and (b)(2) certification for the right to sue (1999);
• HRCP 23(c)(4)(B) subclass certification for liability (2006)
• HRCP 23(c)(4)(A) and (B) subclass certification for causation and the fact of damage (2009)
• HRCP 23(c)(4)(A) issue certification for the method of computing damage (2013)
• HRCP 23(b)(3) amount of damage certification (2018).
Thomas Grande, Grande Law Offices
Over the past 35 years, Thomas Grande has served as lead counsel in scores of class action and group action cases in Hawai'i and on the mainland. He has written and taught extensively on class action litigation.
Mr. Grande is co-founder and editor in chief emeritus of the American Bar Association Survey of State Class Action Law, now in its 20th year of publication. The State Law Survey is the only treatise to summarize state class action law and is published as a stand-alone supplement to Newberg on Class Actions, the pre-eminent class action treatise. He is a contributing editor to Consumer Class Actions published by the National Consumer Law Center. He is past co-chair of the ABA Class Action State Law Subcommittee.
Mr. Grande has been named by Best Lawyers of America as Hawai’i Lawyer of the Year for Plaintiffs’ Mass Tort Litigation and Class Actions. He is the only Hawai’i attorney recognized as a Best Lawyer for Consumer Protection Law, Qui Tam Law, and Privacy and Data Security Law. He has been named a Super Lawyer for Class Actions/Mass Torts and Consumer Law.
Grande Law Offices has been selected by U.S. News and World Report for “Best Law Firms” for Mass Tort Litigation/Class Actions; Civil Rights Law and Employment Law.
Mr. Grande has been recognized as Dean’s Alumnus of the Year and Advocates for Public Interest Law Alumni of the Year (William S. Richardson School of Law); Unsung Hero Award (Hawai'i’s Thousand Friends); C. Frederick Schutte Award (HSBA) and Harriet Bouslog Loio Ku Kahi Awards (ACLU).
Mr. Grande has achieved several benchmark rulings from courts in Hawai'i and on the mainland including
• the first personal injury class certification in Hawai'i
• the first data breach class certification in Hawai'i
• the largest class settlement in Hawai'i (100,000+ class members)
Credit: This seminar qualifies for 1.0 CLE Credit.
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This seminar will be available in your classroom to view for 1 year from the date of purchase OR until June 9, 2023 which ever comes sooner.
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