No. SCAP-24-0000111 (Consolidated with SCAP-24-0000396)

JAMES DANNENBERG and SARAH PREBLE, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants/Cross-Appellees/Cross-Appellees, vs. STATE OF HAWAI‘I, HAWAI‘I EMPLOYER-UNION HEALTH BENEFITS TRUST FUND and BOARD OF TRUSTEES OF THE HAWAI‘I EMPLOYER-UNION HEALTH BENEFITS TRUST FUND, Defendants-Appellees/Cross-Appellants/Cross-Appellees, and COUNTY OF KAUA‘I, COUNTY OF MAUI, COUNTY OF HAWAI‘I, Defendants-Appellees/Cross-Appellees/Cross-Appellees, and CITY AND COUNTY OF HONOLULU, Defendant-Appellee/Cross-Appellee/Cross-Appellant.

Listen to the audio recording

The above-captioned consolidated cases have been set for oral argument on the merits at:

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

The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts.

Attorneys for Plaintiffs-Appellants/Cross-Appellees/Cross Appellees JAMES DANNENBERG and SARAH PREBLE:
Paul Alston and John Rhee of Dentons US LLP

Attorneys for Defendants-Appellees/Cross-Appellants/Cross-Appellees STATE OF HAWAI‘I, HAWAI‘I EMPLOYER-UNION HEALTH BENEFITS TRUST FUND and BOARD OF TRUSTEES OF THE HAWAI‘I EMPLOYER-UNION HEALTH BENEFITS TRUST FUND:
John H. Price, Deputy Attorney General, David M. Louie, Nicholas R. Monlux, and Ryan D. Louie of Kobayashi Sugita & Goda, LLP

Attorneys for Defendant-Appellee/Cross-Appellee/Cross-Appellant CITY AND COUNTY OF HONOLULU:
Paul S. Aoki and Haley E. Chee, Deputies Corporation Counsel

NOTE: Certificate of Recusal, by Associate Justice Vladimir Devens, filed 07/24/24.

NOTE: Certificate of Recusal, by Chief Justice Mark E. Recktenwald, filed 07/25/24.

NOTE: Certificate of Recusal, by Associate Justice Sabrina McKenna, filed 07/25/24.

NOTE : Certificate of Recusal, by Associate Justice Todd W. Eddins, filed 07/25/24.

NOTE : Order assigning Circuit Judge Lisa W. Cataldo, in place of Eddins, J. recused, filed 08/07/24.

NOTE : Order assigning Circuit Judge Jordon J. Kimura, in place of Devens, J., filed 08/08/24.

NOTE : Order assigning Chief Judge Peter T. Cahill of the Second Circuit Court and Circuit Judge James H. Ashford, in place of Recktenwald, C.J., recused, and McKenna, J., recused, filed 08/13/24.

NOTE : Order granting Application for Transfer, filed 08/14/24 in SCAP-24-0000111.

NOTE : Order granting Application for Transfer in SCAP-24-0000396 and to consolidate SCAP-24-0000111 and SCAP-24-0000396, filed 01/29/25.

NOTE : Order granting motion to continue oral argument from 01/22/26 to 03/02/26 at 10:00 a.m., filed 11/13/25.

COURT: Ginoza, J., and Circuit Judge Cahill, in place of Recktenwald, C.J., recused, Circuit Judge Ashford, in place of McKenna, J., recused, Circuit Judge Cataldo, in place of Eddins, J., recused, and Circuit Judge Kimura, in place of Devens, J., recused.

Brief Description:
This is the third appeal in this class action lawsuit. Plaintiffs allege that their right to health benefits, as set forth under article XVI, section 2 of the Hawai‘i Constitution (the Non-Impairment Clause), has been diminished or impaired by Defendants State of Hawai‘i, City and County of Honolulu, County of Kaua ‘ i, County of Maui, County of Hawai‘i, Hawai‘i Employer-Union Health Benefits Trust Fund ( EUTF ), and Board of Trustees of the EUTF (collectively, Defendants ). The plaintiff class consists of:

All employees (and their dependent-beneficiaries) who began working for the Territory of Hawai‘i, the State of Hawai‘i or the political subdivisions thereof, before July 1, 2003, and who have accrued or will accrue a right to post-retirement health benefits as a retiree or dependent-beneficiary of such a retiree. This includes: (a) those who have not yet received any post-retirement health benefits from Defendants as a retiree or dependent beneficiary of such a retiree; and (b) those who have received any post-retirement health benefits from Defendants since July 1, 2003 as a retiree or dependent-beneficiary of such a retiree. For purposes of damages only, if any, the Class shall also include the estates and heirs of any deceased retiree or deceased dependent-beneficiary of a retiree who is or was a member of the Class.

This lawsuit was initiated in 2006, in the Circuit Court of the First Circuit ( Circuit Court ). Currently, the plaintiff class is represented by Plaintiffs James Dannenberg and Sarah Preble ( Plaintiffs ).

In this third appeal, the parties assert sixteen points of error. In SCAP-24-111, Plaintiffs appeal from the Circuit Court’s final judgment, challenging a variety of the Circuit Court’s rulings and asserting the final judgment should be reversed. The State cross-appeals to assert the Circuit Court should have barred Plaintiffs’ claims based on sovereign immunity and statute of limitations. The City and County of Honolulu cross-appeals to assert that the Circuit Court should have granted it summary judgment or judgment on the pleadings.

In SCAP-24-396, the State appeals and Plaintiffs cross-appeal from the Circuit Court’s orders related to attorneys’ fees and costs.

This court granted transfer and consolidation of both appeals.