Kalima Lawsuit

Settlement Overview

1. What is the Settlement?

   The parties have reached a proposed settlement that resolves all claims against the State of Hawai'i that were brought or could have been brought in this lawsuit. The Settlement requires the State to pay $328 million, which will be used to pay the valid claims of Settlement Class Members, as well as pay claims administration and special master expenses, attorneys’ fees to Class Counsel, and Incentive Awards to the Class Representatives, if approved by the Court.

   The Court has preliminarily certified the Settlement Class for settlement purposes only, so that members of the Settlement Class can be given this notice and the opportunity to participate in the Settlement or exclude themselves from the Settlement Class, to express their support or opposition to Final Approval of the Settlement, and to receive the payment offered by the Settlement. If the Court does not give Final Approval to the Settlement, the Settlement will be void, and the lawsuit will proceed as if there had been no settlement and no certification of the Settlement Class.

   Class Members will receive several written notices from the Claims Administrator.

   First, living Class Members will be asked to update their contact information, and relatives of deceased Class Members will be asked to appoint a representative for their family and provide their contact information and the names and addresses of the deceased Class Member’s spouse and children.

   Second, Class Members and representatives will receive written notice of whether they are entitled to a Settlement Payment and, if so, how their payment will be computed. For those Class Members entitled to a payment, Settlement Payments will be calculated using a Fair Market Rental Value formula approved by the Court during the litigation. Class Members will have an opportunity to correct the starting and ending dates of the payment period.

   Class Members who are not entitled to payment will receive written notice that they do not qualify for a Settlement Payment for one or more of the following reasons:

   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.

   Class Members who do not qualify for a Settlement Payment will have the right to opt out of the settlement to pursue their own claim.

   Class Members will receive a third notice informing them of the amount of their payment and the amount of attorney’s fees Class Counsel will request.

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November 2023 Disbursement FAQs

2. My address is wrong, how can I update it?

   If you have moved recently, you may submit an Information Request Form with your updated address. Additionally, you may request USPS to redirect your mail to your new address. This is a service offered by USPS. Visit https://moversguide.usps.com/mgo/disclaimer for additional information.

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3. Where is my payment?

   Initial Payments for living Class Members were mailed on November 21, 2023. While payments were sent USPS Priority Mail, please allow 7 to 10 business days for delivery. Payments for Deceased Class Members are required to go through the Probate Plan process. A time frame for payments for estates of Deceased Class Members is not currently available.

   For living Class Members whose awards are less than $25K, checks were sent USPS Priority Mail.

   For living Class Members whose awards are greater than $25K AND went to a street address, checks were sent USPS Priority Mail with an adult signature required.

   For living Class Members whose awards went to a PO Box, checks were sent USPS Priority Mail, no signature required.

   If you requested information or assistance with a special needs trust, your payment will be made after the requirements for the trust have been completed.

   If it has been more than 10 business days from November 21, 2023, and you have not received your check, please contact the Claims Administrator at info@Kalima-Lawsuit.com or call 1-808-650-5551 or 1-833-639-1308 (Toll-Free). Please do not call the Court or Class Counsel.

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4. How can I get my check reissued?

   If you need your check reissued for any reason, please contact the Claims Administrator at info@Kalima-Lawsuit.com or call 1-808-650-5551 or 1-833-639-1308 (Toll-Free) for information on further steps.

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June 2023 Notice FAQs

5. What is in the Third Notice?

   The Third Notice contains (1) your estimated settlement payment, (2) instructions for all Settlement Class Members, (3) special instructions for relatives of deceased Class Members and a Deceased Class Member Information Request Form, (4) a Tax Letter, and (5) Declaration in Support of Settlement.

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6. Do I have to do anything to receive my payment?

   You do not have to take any action to receive your payment.

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7. What is the next step?

   The Court granted Final Approval to the Settlement on July 21, 2023. However, a date for payment distribution is not currently known and cannot be estimated. The delay is the result of a letter filed with the Court on August 17, 2023. On October 9, 2023, the Court announced it is treating the letter as an appeal. Please click here to read Class Counsel’s letter explaining the current status of the case.

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8. Do I have to attend the Final Approval hearing to receive my payment?

   You do not have to attend the Final Approval hearing to receive your payment.

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9. How do I support the Settlement?

   To tell the Court you support the Settlement, please complete the Declaration in Support of Settlement that was sent as part of the Third Notice, and return it by mail addressed to Kalima Claims Administrator, P.O. Box 135035, Honolulu, HI 96801, or by email to info@kalima-lawsuit.com. You may also download a copy of the Declaration in Support of Settlement. Please mail or email the Declaration to the Claims Administrator by July 6, 2023.

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10. Can I make a statement at the hearing?

    You also may appear and ask to be heard in support of the Settlement at the July 21, 2023, at 9:00 a.m. Final Approval hearing. Please notify the Claims Administrator by July 6, 2023, by mail addressed to P.O. Box 135035, Honolulu, HI 96801, or by email to info@kalima-lawsuit.com if you wish to do so. Settlement Class Members will be heard in the order in which they sign up. Please focus your statements on whether you think the Settlement is fair, reasonable, and adequate.

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11. How to I object to the Settlement?

    If you wish to object to the Settlement, you must file your objection in writing addressed to Kalima v. State of Hawai‘i, Civ. No. 99-4771-12 LWC, Clerk of the First Circuit Court, Kaʻahumanu Hale, 777 Punchbowl Street, Honolulu, HI 96813-5093. The objection must be received by the Court no later than July 6, 2023. At the same time, you must also send a copy of your objection to the attorneys for all the Parties to the lawsuit, including Class Counsel, and the attorneys representing the Defendant at their addresses found below. Any objection to the proposed Settlement must be filed in writing and must include:

    Court	Class Counsel	Defense Counsel
    Kalima v. State, Civ. No. 99-4771-12 LWC Clerk of the First Circuit Court Ka’ahumanu Hale 777 Punchbowl Street Honolulu, HI 96813-5093	Carl M. Varady Pauahi Tower 1003 Bishop Street, Suite 1730 Honolulu, HI 96813 Thomas R. Grande 41-859 Kalaniana‘ole Highway, #271 Waimānalo, HI 96795	Anne E. Lopez Attorney General, State of Hawai‘i 425 Queen Street Honolulu, HI 96813

    1. the objector’s full name, address, email address, and current telephone number;
    2. the case name and number of the litigation (Kalima, et al. v. State of Hawai‘i, et al., Civil No. 99-4771-12 LWC);
    3. all grounds for the objection, with factual and legal support for the stated objection, including any supporting materials, whether you intend to appear at the Final Approval hearing, and the names and addresses of any witnesses you intend to call at the hearing;
    4. the identification of any other objections the objector has filed, or has had filed on the objector’s behalf, in any other class action cases in the last four years; and
    5. the objector’s signature.

    If you file a written objection, you may appear at the Final Approval hearing, which is scheduled for July 21, 2023, at 9:00 a.m. in person or through counsel to show cause as to why the proposed Settlement should not be approved as fair, reasonable, and adequate. Attendance at the hearing is not necessary. However, persons wishing to object to the Final Approval of the Settlement, the request for attorneys’ fees and claims administration costs, and/or the request for an Incentive Award to the Class Representatives are required to file written objections that comply with the requirements described above and that are received by the Court on or before July 6, 2023.

    If you hire an attorney in connection with making an objection, that attorney must also file with the Court a notice of appearance by the objection deadline of July 6, 2023. If you hire your own attorney, you will be solely responsible for payment of any fees and costs the attorney incurs on your behalf. If you exclude yourself from the Settlement, you cannot file an objection.

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12. Are Settlement Payments taxable?

    Please review the Tax Letter here explaining the general tax status of Settlement Payments. Each individual’s tax obligations are unique. A copy of the tax opinion on which the letter is based can be viewed here.

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13. I receive public benefits, and I am entitled to a Settlement Payment. Will the Settlement Payment impact my public benefits?

    Maybe. Contact the programs that administer your benefits immediately.

    Certain public assistance programs, including, but not limited to, the Supplemental Nutrition Assistance Program (sometimes called “SNAP” or “food stamps"), subsidized housing/housing assistance (such as public housing or a voucher program sometimes called “Section 8”), some state‐issued health insurance policies, some college tuition/grant programs, some Medicaid programs (sometimes known as “Quest” or “Med‐Quest”), some VA benefits, Social Security Disability Insurance, or Supplemental Security Income, may be affected by your receipt of a Settlement Payment.

    Each of these programs has complicated rules. Advice about your specific circumstances and public benefits are beyond the scope of this Settlement, and we cannot advise you about these issues. Please comply with all program rules and requirements for these programs, especially including any rule or requirement that you disclose changes in financial status to the relevant public assistance program. Certain program agencies may provide additional information about their unique rules. The loss or limitation of certain benefits can sometimes be avoided by having payment made into a special type of trust called a “Special Needs Trust.”

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14. What is a Special Needs Trust?

    A Special Needs Trust is a trust that can preserve a person’s eligibility for certain public benefits. The Special Needs Trust will hold the person’s settlement payment so the person can remain eligible for benefit programs that have an asset limit and can apply the trust funds for the benefit of that person.

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15. My public benefits program has said that I will lose benefits once I receive my Settlement Payment. What should I do?

    This is a very complicated issue and will differ from person to person. We cannot advise as to what you should do. You may want to hire your own private lawyer (at your own cost) to advise you about these complicated programs and/or a Special Needs Trust. If you want to hire a private attorney to counsel you about the Special Needs Trust, you should make sure that the attorney is familiar with the public benefit programs and Special Needs Trusts. Please notify the Claims Administrator if you hire a private attorney to assist you with a Special Needs Trust.

    You can contact the Hawai‘i State Bar Association Lawyer Referral and Information Service to seek assistance from an attorney for this purpose:

    Hawaii State Bar Association
    Lawyer Referral and Information Service
    Monday – Friday 8:30 a.m. – 4:30 p.m.
    Phone: 1-808-537-9140
    Email: LRIS@hsba.org
    www.hawaiilawyerreferral.com

    You may also contact community legal service providers that may (but also may not) be able to provide free or low-cost legal services, depending on their availability and other factors. These service providers include the following:

    Volunteer Legal Services of Hawai'i: 1-808-528-7046
    Legal Aid Society of Hawai'i: 1-808-696-6322
    University of Hawai'i Elder Law Program: 1-808-956-6544

    Please note that this is not an endorsement of any services or attorneys.

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16. I want my settlement payment held in a Special Needs Trust. What do I need to do?

    If you would like to have your Settlement Payment held for you and managed in a Special Needs Trust, please contact the Claims Administrator to request more information about the Special Needs Trust. The Claims Administrator will then send you information about Special Needs Trusts, including contact information for a Hawai‘i‐based trustee. You must notify the Claims Administrator by August 21, 2023, that you want information about Special Needs Trusts. If you request such information, your Settlement Payment will be held by the Claims Administrator until the time set by the Court for you to decide whether you want your Settlement Payment to be held for you and managed in a Special Needs Trust.

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17. My deceased relative was a Settlement Class Member. How do heirs get paid?

    Relatives of deceased Class Members should complete a Deceased Class Member Information Request Form.

    Please click here for more information.

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January 2023 Notice FAQs

18. How will the Settlement Payment be decided?

    If you have an eligible claim in this Settlement, you were sent a letter on January 31, 2023, that provided start and end dates for your claim.

    Those start and end dates will determine the amount of your Settlement Payment based upon the period of time you were denied a homestead. You will have until April 3, 2023, to accept or correct these dates.

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19. What is the start date for my claim?

    Under distribution rules adopted by the Court, August 21, 1959, is the start date for all applications made before that date. The start date for claims is the date you applied or tried to apply for a homestead.

    If you are a successor to a homestead application, your start date is the date you succeeded to the homestead application.

    If the person whom you succeeded is also a Class Member, that person will receive payment from the date they applied until you succeeded. Your start date would run from the date you succeeded.

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20. What is the end date for my claim?

    The end date for claims will be the earliest of 1) date of an award of a lease to land you could occupy; 2) date of a Class Member’s death: or 3) date of settlement, April 14, 2022.

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21. I received a notice with start and end dates. My start date and/or end date is wrong. What should I do?

    Please submit a Correction Form which is contained in your notice and is also available here for download. You will have until April 3, 2023, to accept or correct these dates.

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22. How will my claim amount be calculated?

    Payment for waiting list claims are calculated based on a formula approved by the Hawai'i Supreme Court.

    The yearly Fair Market Rental Value (“FMRV”) approved by the Court for each type of lot—residential, agricultural, and pastoral—can be viewed here. These values are used to calculate Settlement Payments for each year of the claim period. These matrices contain FMRV amounts for each entire year.

    The claim period is the date a Class Member applied or attempted to apply (the “Start Date”) and the date s/he received an award or, if there was no award, the date the Class Member died, or the date of the settlement (4/14/2022), whichever date is earliest (the “End Date”). Each individual claim period is calculated from the Start Date to End Date, not by the year.

    For Construction Claims, the estimated Settlement Payment was calculated using the reasonable cost of repair at the time the claim was submitted, based on the Court-appointed construction expert’s analysis and recommendation, which was approved by the Court.

    THE PAYMENT AMOUNT STATED IN NOTICE #3 IS AN ESTIMATE AND WILL CHANGE BEFORE PAYMENTS ARE MADE BECAUSE OF ONGOING ADDITIONAL COSTS AND ADJUSTMENTS THAT ARE BEING MADE AFTER FURTHER CLAIM REVIEW. The final payment amounts on Class Members’ checks will reflect these adjustments.

    Final Payments for all types of claims will be calculated by applying the Proportional Share Percentage for each Class Member’s claim(s) to the Net Settlement Amount as explained in Third Notice. The Net Settlement Amount is the amount after attorneys’ fees and claims administration costs are deducted from the Gross Settlement Amount of $328 million.

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23. What is "Fair Market Rental Value"?

    "Fair Market Rental Value" is the amount a person would typically have paid on the open market to rent the same type of lot(s) with infrastructure, minus $1 per year that would have been paid for the DHHL lease. FMRV DOES NOT INCLUDE THE COST/VALUE OF HOUSING because housing is not included in the DHHL lease, only the land itself.

    This formula was approved by the Hawai‘i Supreme Court. The values for each year are based on average rental costs of land. They are not the actual rental amounts paid by any Class Member.

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24. Do I have to provide evidence of my rent or mortgage payments?

    No, you do not have to provide evidence of your rent or mortgage payments. All eligible Class Members, except those with construction claims, will receive an award for damages based on the same formula. This means Class Members don’t have to show individual proof of what they spent on land rent in order to receive a claim payment.

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25. The Claims Panel denied my claim. Am I still a part of this lawsuit, and do I get a Settlement Payment?

    The Claims Panel decisions dismissing or denying claims did not bar your claim in this lawsuit.

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26. I received an award amount from the Claims Panel. Do I get that amount from this Settlement?

    No, the Claims Panel only made recommendations on claims; they did not make awards. The Panel’s recommendations on awards were based on a different analysis and will not be used in this case.

    The Panel required Class Members to prove individual out of pocket expense for housing. The Supreme Court rejected that method for calculating claims payments. Class Members will typically receive payment based on the Fair Market Rental Value formula adopted by the Supreme Court. Construction claims will be measured individually by a Construction Expert who will make recommendations based on reasonable estimated repair costs.

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27. I have a construction claim. How will my claim be calculated?

    Construction claims will be based on the reasonable estimated repair cost of the damaged house and will be decided by a Construction Expert appointed by the Court.

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28. I am the successor to my parent’s homestead, and we have construction problems. Do I have a claim?

    Successors who have construction claims and succeeded to a parent’s homestead between August 21, 1959, and June 30, 1988, have valid claims in this Settlement. Successors who succeeded after June 30, 1988, do not have valid claims in this Settlement. If the damage occurred between August 21, 1959, and June 30, 1988, claims for the estate of the person you succeeded in will be considered.

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29. I applied for residential and agricultural or residential and pastoral homesteads. Do I have one claim or two?

    If you submitted applications for 2 or 3 types of homesteads, you have two claims, a residential and an agricultural claim or a residential and a pastoral claim.

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30. I submitted a claim for a deceased parent. Will my deceased parent’s estate receive a Settlement Payment?

    Claims made on behalf of deceased parents or other deceased relatives may be a part of this Settlement if they are valid under the Settlement Agreement and statute. Payment will be made under the terms of a plan that will be approved by the Court.

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31. My parent submitted a claim but is deceased. What should I do?

    If your deceased parent submitted a claim, you may fill out an Information Request Form online here or download a copy of the form here so that we have your contact and other information. You have the option of retaining private counsel (at your own cost) or participating in the Probate Special Administration (part of the Settlement Payment will be allocated to fees and costs associated with the Probate Special Administration).

    If you wish to retain your own attorney and need assistance finding an attorney, please contact the Hawaii State Bar Association Lawyer Referral and Information Service. Please tell them you are a Kalima Class Member.

    Hawaii State Bar Association
    Lawyer Referral and Information Service
    Monday – Friday 8:30 a.m. – 4:30 p.m.
    Phone: 1-808-537-9140
    Email: LRIS@hsba.org
    www.hawaiilawyerreferral.com

    You may also contact community legal service providers that may (but also may not) be able to provide free or low-cost legal services, depending on their availability and other factors. These service providers include the following:

    Volunteer Legal Services of Hawai'i: 1-808-528-7046
    Legal Aid Society of Hawai'i: 1-808-696-6322
    University of Hawai'i Elder Law Program: 1-808-956-6544

    Please note that this is not an endorsement of any services or attorneys.

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32. My parent died without a trust or a will. We cannot afford an attorney. What should we do?

    If your deceased parent submitted a claim, you may fill out an Information Request Form online here or download a copy of the form here so that we have your contact and other information. While you have the option of hiring a private attorney, you are not required to do so. We are in the process of developing a Probate Plan for approval by the Court. Payment will be made under the terms of this Probate Plan, which will be approved by the Court. The Probate Plan is intended to effectively distribute settlement proceeds to the proper parties. Part of any Settlement Payment will be used to offset the fees and costs for the probate services under the Probate Plan.

    If you wish to retain your own attorney, refer to the information in here.

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33. My parent submitted a claim but is deceased. Who will get the payment?

    If your deceased parent’s claim is eligible for an award, the award payment will be made pursuant to the terms of a probate plan that will be approved by the Court. Class Members were sent more information about payment to deceased claimants in the January 31, 2023, notice, and future notices will contain more information on this subject. The estate may also have to pay fees and costs for probate services.

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34. Are the Settlement Payments taxable?

    Class Counsel has requested an opinion from a tax attorney about whether the payments are taxable, generally. You will be informed of and receive a copy of that opinion in the notice that will be mailed out in June 2023. However, every Class Member’s tax situation is unique and you should consult with your own tax preparer or other person who can advise you about whether the payment to you will be taxable based on your unique situation.

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35. When will I find out what my award amount will be?

    After the starting and ending dates are confirmed for all Class Members who have valid claims, notices will be sent in June 2023 to eligible Class Members that will provide their estimated award amount if the Court approves the Settlement.

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36. Can I receive an award from this Settlement if I previously opted out of the case or settled my claim?

    No, Class Members who previously opted out of the case or settled their claim were sent a Second Notice confirming their opt out or settled status in this Settlement. Those Class Members are not eligible for an award.

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37. How much are the attorneys’ fees?

    The attorneys will be paid out of the Settlement Fund. They have agreed to limit their fees according to the terms of the Settlement Agreement. The percentage being requested will be described in the third notice which will be mailed in June 2023. The attorneys also have agreed to waive their case costs.

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June 2022 Notice FAQ’s

38. What is this lawsuit about?

    Kalima v. State of Hawai‘i was filed in 1999 when the State eliminated the Hawaiian Claims Office that reviewed breaches of trust by the State of Hawai‘i regarding the Hawaiian Home Lands Trust that occurred between 1959 and 1988.

    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.”

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39. Why is this a class action?

    A class action is a lawsuit in which an individual called a “Class Representative” brings a single case on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” Once a Class is certified, a class action settlement finally approved by the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

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40. Who is in the Settlement Class?

    “All persons who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel on or before August 31, 1995.”

    A. My claim was dismissed by the Panel. Am I still a part of this case?

    This case was filed on behalf of all persons who filed claims with the Panel. You are still a part of this case even if the Panel dismissed your claim.

    B. I got a recommended award from the Panel. Will I be getting that amount as a Settlement Payment?

    You will not receive the amount of damages that was calculated by the Individual Claims Review Panel. If you received a recommended award from the Panel, it is not binding in this case.

    All Class Members will have their Settlement Payment calculated by a method that will be used only for purposes of this Settlement.

    C. Can I claim a Settlement Payment based on my out-of-pocket expense for alternate housing?

    All Class Members will have their Settlement Payment calculated the same way. If you want to seek damages based on a different method, you must exclude yourself from the Settlement and file a separate lawsuit.

    D. I filed a claim for my deceased parents. Will my parents’ claim be considered?

    Claims made on behalf of deceased parents or grandparents will be considered like any other claim.

    E. My wife and I filed one claim. We will each get a Settlement Payment?

    Claims on behalf of married couples who suffered individual breaches of trust will be considered like any other claim.

    F. Which Settlement Class Members are not entitled to 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.
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41. What does the Settlement provide?

    The State of Hawai'i has agreed to create a $328 million Settlement Fund for the Class Members. If the Settlement is approved by the Court, Settlement Class Members who have valid claims 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. The amount of the payment will be based on an established Court-approved distribution plan.

    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 Class Member under the Settlement.

    If you have a valid claim, you will receive notice of the amount of your Settlement Payment prior to the Final Approval hearing which will be held on July 21, 2023 (or other date set by the Court).

    The Claims Administrator will issue a check to each Class Member who has a valid claim following the Final Approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 120 days after they are issued.

    Additionally, the attorneys who brought this lawsuit will ask the Court to award attorneys’ fees between eight percent (8%) and twelve percent (12%) of the Settlement Fund for the substantial time, expense, and effort spent investigating the facts, litigating the case, and negotiating the Settlement, over more than 22 years. The Class Representatives also will apply to the Court for a payment of up to $10,000.00 for their time, effort, and service in this matter. Class Counsel will file with the Court and post on the Settlement Website their request for attorneys’ fees and costs and an Incentive Award to the Class Representatives at a date set by the Court, on or after January 16, 2023.

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42. When will I be paid?

    The Court granted Final Approval to the Settlement on July 21, 2023. However, a date for payment distribution is not currently known and cannot be estimated. The delay is the result of a letter filed with the Court on August 17, 2023. On October 9, 2023, the Court announced it is treating the letter as an appeal. Please click here to read Class Counsel’s letter explaining the current status of the case.

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43. When will the Court rule on the Settlement?

    The Court has already given preliminary approval to the Settlement. A final hearing on the Settlement, called a "Final Approval hearing," will be held to determine the fairness of the Settlement. At the Final Approval hearing, the Court will also consider whether to make final the certification of the Class for settlement purposes, hear any proper objections and arguments to the Settlement, as well as any requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Incentive Award that may be sought by Class Counsel. The Court will hold the Final Approval hearing on July 21, 2023 (or other date set by the Court).

    The hearing is subject to being changed by the Court, including taking place remotely via videoconference, so please visit this website for updates.

    If the Court gives the Settlement Final Approval, the Settlement’s terms will take effect and the lawsuit will be dismissed on the merits with prejudice. Both sides have agreed to the Settlement to achieve a more timely and certain resolution to the lawsuit in a way that avoids years more litigation and provides specific and valuable benefits to the members of the Settlement Class and avoids risk.

    If the Court does not approve the Settlement, or if it approves the Settlement and the approval is reversed on appeal, or if the Settlement does not become final for some other reason, you will not be paid and Class Members will receive no benefits from the Settlement. Plaintiffs, Defendants, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement, and the Settlement will have no legal effect. If that occurs, the case will go back to litigation and your claim will be resolved through the litigation process instead of settlement.

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44. Why will the Settlement take so long?

    Class Counsel is working to conclude the Settlement as soon as possible. Because the case is a Class Action, all of the Class Members’ claims must be evaluated and payments calculated individually for valid claims. There are currently 2,721 Class Members.

    A "Claims Administrator" has been retained to locate and contact Class Members, validate their claims, and calculate payments for valid claims. Once the Class Members are located and contacted, their claims are validated, and payments are calculated, notices must be sent to all Class Members regarding their claim and proposed payment.

    After the Notice is sent out, the Court must review the proposed Settlement Payment for all Class Members to make sure it is fair. The Court must also rule on any objections by any Class Members. The work necessary to reach every Class Member who can be found, so that they have the opportunity to receive a Settlement Payment, and completing the validation and calculation steps will take time. Each step must be reviewed and approved by the Court. By complying with these Court-approved procedures, we have a much better chance of having the Court grant Final Approval to the Settlement. Class Counsel will also protect the Settlement process from accusation that it was not fair. While all of these steps take time, they are being taken to assure that the Settlement will be approved without significant objection, and you will receive your Settlement Payment at the soonest possible date.

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45. Who represents the class?

    The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” If you want to be represented by your own lawyer instead, you may hire one at your own expense.

    Carl M. Varady Law Office of Carl M. Varady Pauahi Tower, Suite 1730 1003 Bishop Street Honolulu, Hawai‘i 96813

    Thomas R. Grande Grande Law Offices 41-859 Kalaniana'ole Highway, #271 Waimānalo, Hawai'i 96795

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Additional Information

46. Where can I get additional information?

    This website is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Claims Administrator at 1-808-650-5551 or toll-free at 1-833-639-1308, or contact Class Counsel listed in FAQ 45. In addition to the documents available on this website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk. Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.

    PLEASE DO NOT CONTACT THE COURT DIRECTLY FOR INFORMATION REGARDING THE SETTLEMENT. THE COURT IS UNABLE TO PROVIDE YOU WITH INFORMATION OR ADVICE.

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47. When and where are Talk Stories with Attorneys being held?

    Talk Stories with Attorneys are being held via Zoom at these times:

    November 7, 2023, 5:00 p.m. – 6:00 p.m.

    December 12, 2023, 5:00 p.m. – 6:00 p.m.

    You may join a Talk Story by:

    • Clicking here or
    • Calling the following number and enter the Zoom meeting ID when prompted if you prefer to participate by phone.
      Phone: +1 669 444 9171
      Meeting ID: 835 6682 6336
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