IN THE MATTER OF THE PETITION FOR THE COORDINATION OF INDIVIDUAL PLAINTIFFS MAUI FIRE CASES

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Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.

Attorneys for Plaintiffs-Appellants MICHAEL ADRIAN BATES, ANTHONY L. RANKEN, ALEX A. EDRENKIN, AND JOHN E. THICKSTUN:
     Samuel P. Shnider and Anthony L. Ranken of Ranken & Shnider, Alex A. Edrenkin of PACLAW Group, and John E. Thickstun of Montegna & Thickstun, admitted pro hac vice    

Attorney for Plaintiffs-Appellees CERTAIN INDIVIDUAL PLAINTIFFS:
     Lance D. Collins of the Law Office of Lance D. Collins

Attorneys for Defendants-Appellees STATE OF HAWAI‘I:
     Michael L. Lam and Steven E. Tom of Case Lombardi, and Amanda J. Weston, Deputy Attorney General

Attorneys for Plaintiffs-Appellees CERTAIN INDIVIDUAL PLAINTIFFS:
     Cynthia K. Wong of Cynthia K. Wong, AAL, LLLC, William M. McKeon of Berding & Weil LLP, and Aimee M. Lum of Davis Levin Livingston

NOTE:     Certificate of Recusal by Chief Justice Vladimir P. Devens, filed 07/27/26.

NOTE:     Order assigning Circuit Judge Kevin T. Morikone in place of Devens, C.J., recused, and Circuit Judge Taryn R. Tomasa, due to a vacancy, filed 07/27/26.

NOTE:     Order granting application for transfer, filed 08/05/26.

COURT:    McKenna, Acting C.J., Eddins, and Ginoza, JJ., and Circuit Judge Morikone, in place of Devens, C.J., recused, and Circuit Judge Tomasa, assigned by reason of vacancy.

Brief Description:

This transfer case arises from an appeal of an order allocating attorney fees related to the Maui fires settlement agreement.

In November 2024, the Maui fire victims reached settlement agreements with Defendants concerning the release of claims and payment to victims.  The global resolution of the claims is embodied in the Individual Settlement Agreement and the Class Settlement Agreement.  The circuit court approved the Individual Settlement Agreement in June 2025 and the Class Settlement Agreement in January 2026.

In June 2026, the circuit court issued an order resolving attorney fees related to the Maui fires settlement.  The fee order established a tiered fee schedule for attorney payments and created a $222 million Common Benefit Fund to award additional fees to attorneys whose work benefited all claimants.  The tiered fee schedule allocates attorneys a percentage of their client’s total net settlement proceeds dependent on when the client retained the attorney and whether the client’s case had been set for trial.  The Common Benefit Fund, open only to Hawai‘i attorneys, awards additional fees to counsel “whose efforts were extraordinary.”

Transfer Petitioners filed an application for transfer challenging the tiered fee schedule and the creation of the Common Benefit Fund in the order resolving attorney fees.  Transfer Petitioners argue the order resolving attorney fees is invalid because the circuit court (1) lacked jurisdiction to allocate attorney fees without an underlying live controversy; (2) lacked statutory and equitable authority to issue the order; (3) issued the order without proper process; and (4) created improper remedies by capping fees and diverting funds from victims.  They request the court vacate the tiered fee schedule and the Common Benefit Fund.