By Thomas Grande, Esq. and Carl Varady, Esq.
On Oct. 9, 2023, First Circuit Judge Lisa W. Cataldo ruled that an Aug. 17, 2023, letter from a class member is a valid notice of appeal, and ordered the case transferred to the Hawaiʻi appellate courts. The appeal delayed transfer of the settlement money to the settlement trust and the payments class members will receive. Both matters now have been resolved.
On Oct. 26, 2023, the Hawaiʻi Supreme Court ruled that the class member filing the appeal does not have a valid claim because he was not eligible during the claims period of Aug. 21, 1959 through June 30, 1988. The Supreme Court recognized the “extraordinary public importance of the case” and took only one day to review the briefs before dismissing the appeal.
The Hawaiʻi Supreme Court’s decision removes the last major obstacle to distribution of the settlement payments for living class members. Class counsel will ask the trial court to immediately transfer the settlement funds it is now holding to the settlement trust, so that payments can be made as soon as possible. We expect this process will take two to three weeks once the funds are transferred. We understand the needs of the class members and will move forward without any unnecessary delay.
Probate Special Master Emily Kawashima and Probate Special Counsel Scott Suzuki will continue to work on probate claims for deceased class members. Relatives of deceased class members who have not already done so should submit a Deceased Class Member Information Form. Please visit www.kalima-lawsuit.com for a copy of the form and for more information about the probate process.
Updates will be published as soon as they are available on www.kalima-lawsuit.com. If you have any questions, please email the Claims Administrator at info@kalima-lawsuit.com or call 1-808-650-5551 or 1-833-639-1308 (Toll-Free). Do not contact the Court directly.
