NO. 29862 - Thursday, January 21, 2010 at 9:00 a.m.
DARYL DEAN DAVIS, MARK APANA, ELIZABETH VALDEZ KYNE, EARL TANAKA, THOMAS PERRYMAN, and DEBORAH SCARFONE, on behalf of themselves and all others similarly situated, Plaintiffs/Appellants, vs. FOUR SEASONS HOTEL LIMTED, dba FOUR SEASONS RESORT, MAUI and FOUR SEASONS RESORT, HUALALAI, and MSD CAPITAL, INC., Defendants/Appellees. (Certified Question)
Attorney(s) for Plaintiffs/Appellant(s)
Ashley K. Ikeda and Lori K. Aquino (Weinberg, Roger & Rosenfeld);
David A. Rosenfeld, pro hac vice;
Harold L. Lichten, Shannon Liss-Riordan and Hillary Schwab, (Lichten & Liss-Rirodan) pro hac vice
Attorney(s) for Defendants/Appellee(s)
Robert S. Katz and Wayne S. Yoshigai (Torkildson Katz Moore Hetherington & Harris);
Arch Y. Stokes and Paul E. Wagner (Shea Stokes Roberts & Wagner), pro hac vice
COURT: RTYM, CJ; PAN, SRA, JED & MER, JJ.
The court will consider the following question, which was certified to it by the United States District Court for the District of Hawai`i: “Where plaintiff banquet server employees allege that their employer violated the notice provision of H.R.S. § 481B-14 by not clearly disclosing to purchasers that a portion of a service charge was used to pay expenses other than wages and tips of employees, and where the plaintiff banquet server employees do not plead the existence of competition or an effect thereon, do the plaintiff banquet server employees have standing under H.R.S. § 480-2(e) to bring a claim for damages against their employer?”