Kalima Lawsuit

A tentative settlement has been reached in Kalima et al. v State of Hawai'i et al., Civil No. 99—4771-12 LWC, pending in the First Circuit Court, State of Hawai'i. The Settlement will resolve a lawsuit filed on behalf of Native Hawaiian Beneficiaries of the Hawaiian Home Lands Trust who filed breach of trust claims with the Hawaiian Home Lands Trust Individual Claims Review Panel before 1995.

The Settlement has been approved by the legislature and was signed into law by Gov. David Ige on July 11, 2022, as Act 280.

On June 6, 2022, Judge Lisa W. Cataldo granted preliminary approval to the Settlement. A final approval hearing will be held next year after the claims administration process is completed.

This website explains the lawsuit, the terms of the proposed Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the information below and review the FAQs so that you can better understand your legal rights.

The State of Hawai'i has agreed to create a $328 million Settlement Fund for the Class Members. If the Settlement is approved, each Settlement Class Member who has a valid claim will be eligible to receive a payment paid out of the Settlement Fund, after payment is made for special master and claims administration costs, attorneys’ fees, and a Class Representative Incentive Award.

Settlement Class Members whose claims are validated will receive payment based upon an established Court-approved distribution plan. The Court will be asked to approve a payment for each Settlement Class Member with a valid claim which will be determined by a formula based on the Fair Market Rental Value of a homestead lot.

The payment amount cannot be determined at this time, but each Settlement Class member will be notified at a later date of the following: (1) whether their claim is valid, and, if so: (2) the estimated amount to be paid to that Settlement Class Member under the Settlement.

Who Is Part Of This Lawsuit

The Class Members for this Settlement are “All persons who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel on or before August 31, 1995.”

The Following Persons Will Not Receive a Settlement Payment

1. Individuals who did not file a claim with the Panel on or before August 31, 1995.
2. Individuals who filed a timely claim with the Panel but the claim did not assert an individual breach of trust which occurred between August 21, 1959, and June 30, 1988.
3. Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.
4. Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.
5. Individuals who filed a timely claim with the Panel but settled their claim.
6. Individuals who opted out of the Lawsuit in response to the 2007 class notice.
7. Individuals who opted out of the Lawsuit in response to the 2012 class notice.
8. Individuals who opt out of the Settlement Class and this Settlement by sending a valid and timely Opt-Out Letter to the Claims Administrator.

If you have another legal claim involving Hawaiian Home Lands issues, please call the Native Hawaiian Legal Corporation at 1-808-521-2302 or the Hawai'i Association for Justice at 1-808-262-9191.

Your Legal Rights and Options in This Settlement

Right to Compensation for Class Members	If you are a Class Member, you do not have to take any action at this time to receive a settlement payment. The validity of your claim will be determined at a later date. However, please confirm and update your mailing address, telephone number, and email address by filling out the Information Request Form here. For more information, please click here.
Right to Compensation for Deceased Class Members	If you are a relative of a deceased Class Member, please designate someone to represent your family. Please provide your name, mailing address, telephone number, and email address by filling out the Information Request Form here. For more information, please click here.
If You Wish to Exclude Yourself from Participating in the Settlement	You may exclude yourself from participating in this Settlement. If you do so, you will not receive a payment from the Settlement Fund. The deadline to request exclusion from the Settlement is December 15, 2022. For more information on how to exclude yourself from the Settlement, click here.
Object	You may file an objection if you wish to object to the Settlement. The deadline to object to the Settlement is March 15, 2023. For more information on how to object to the Settlement, click here
Attend a Zoom Talk Story	Talk Stories with Attorneys will be held via Zoom. Click here for times and more information.

NOTICE: The attorneys and other people working on this case will never ask you for your banking or other financial information. You may be asked to verify your identity.

Please do not call the Judge, the Clerk of the Court, or the State of Hawai'i about this case. They will not be able to give you advice about this case. If you have questions, please call 1-808-650-5551 or 1-833-639-1308 (Toll-Free).