June 2023 Update for Kalima v. DHHL Class Action

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By Thomas Grande, Esq. and Carl Varady, Esq.

Starting June 13, 2023, notices will be sent to Class Members that state the estimated amount of settlement payment for each Class Member. The notice explains how the estimated settlement payments were calculated.

Waiting list claims were calculated using the Fair Market Rental Value formula approved by the Supreme Court for this case. Fair Market Rental Value measures what a Class Member would pay to rent the same type of lot (residential, agricultural, or pastoral) with infrastructure on the open market. Fair Market Rental Values are different for each year from 1960 through 2022 and increase each year.

The start date is when a Class Member applied or tried to apply; the end date is when a Class Member received a homestead award, or the date of death or the date of settlement (April 14, 2022), whichever is earliest. Construction claims were calculated by a Construction Expert appointed by the court using the reasonable repair costs at the time the claim was submitted to the Hawaiian Claims Office.

Important information for any Class Members receiving public benefits is also included in the notice.

For Relatives of Deceased Class Members

The June 2023 notice contains important instructions for relatives of deceased class members. Relatives of deceased Class Members must complete an Information Request Form that is available at www.kalima-lawsuit.com to start the probate process. The Probate Special Master and Probate Special Counsel need updated information about potential heirs, which include the spouses and children of the deceased class member, to be able to distribute any settlement payments to which they may be entitled.

Final Approval Hearing

The Final Approval Hearing will be held on Friday, July 21, 2023, at 9:00 a.m. Class Members may submit a declaration in support of the settlement and/or ask to make a statement at the hearing. This is not required to receive payment. Please follow the instructions contained in the June 2023 notice.

Attorney Talk Story

Class Counsel will hold Talk Story Zoom sessions on Tuesday, June 20, 2023, and Tuesday, July 11, 2023, from 5:00-6:00 p.m. Please go to https://kalima-lawsuit.com for information on how to participate.

Thank you for your continued patience and kōkua.