Hawaiian Home Lands Trust claims office closure $328M class action settlement

Updates:

• The Hawaii Supreme Court dismissed the appeal and writ Oct. 26.
• The case is being remanded to the circuit court.
• No payment date estimate is available, but immediate transfer of the settlement fund is being requested so payments can be distributed as soon as possible.

• Settlement payments to eligible class members have been delayed as a result of a letter filed with the court.
• The court announced Oct 9, 2023, that it is treating the letter as an appeal.
• There is no estimated date for payment distribution at this time.
• The letter and related documents are available on the settlement website.

• In light of the Maui fires, adjustments to the claims process may be necessary for certain class members and their heirs “at the earliest date possible” after Sept. 1, 2023.
• Class members or representatives of an estate of a deceased class member or representative who has received Notice No. 3 stating they or the estate have a valid claim and they or a potential heir have been directly affected by the Lahaina fire, resulting in a change of current address, should contact the claims administrator at info@Kalima-Lawsuit.com, 1-808-650-5551 or 1-833-639-1308, or fill out an online form to update their contact information as soon as possible.
• Class members or potential heirs are asked to update their information only if they have been directly affected by the Lahaina fire in such a way that has resulted in a change of address.
• Those who are not directly affected by the fire but are in contact with a class member who is affected should encourage them to provide the administrator with any updated contact information.

• A judge granted final approval for this class action settlement on Aug. 1, 2023.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Hawaii agreed to pay $328 million as part of a lawsuit settlement to resolve claims it wrongfully eliminated the Hawaiian Claims Office — the office that reviewed alleged breaches of trust regarding the Hawaiian Home Lands Trust between 1959 and 1988.

The settlement benefits individuals who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel before Aug. 31, 1995. Class members are a part of the settlement class even if the panel dismissed their individual claim. 

The Hawaiian Home Lands Trust is a state program that holds Hawaiian lands in trust for native Hawaiians. However, many native Hawaiians have had to wait decades with no work on when they would be eligible to receive land from the trust.

The mismanagement of this trust resulted in many claims against the state. 

According to a 1999 class action lawsuit, the state of Hawaii wrongfully eliminated the Hawaiian Claims Office. Since the office was eliminated, countless native Hawaiians have been in limbo waiting for a decision.

In 2006, the Hawaii Supreme Court ruled in favor of the plaintiffs in the case when it gave the case the green light. The next large ruling for the case occurred in 2020 when the Hawaii Supreme Court reaffirmed that class members in the class action lawsuit were eligible for damages from the state as a result of fund mismanagement. 

The high court returned the case to the 1st Circuit Court to sort out the claims process. However, plaintiffs and class members have been disappointed by how long the process is taking.

“Defendants appear to want to play 20 more years of hide-and-seek, while (beneficiaries) continue to die, waiting for relief to which they are entitled,” class attorneys told the Honolulu Civil Beat.

However, the end seems to be in sight. The state of Hawaii agreed to a $328 million settlement to resolve these claims and compensate native Hawaiians for the drawn-out process.

Under the terms of the settlement, class members can receive a cash payment. Payment amounts cannot be calculated at this time, but each class member will receive a notice of their proposed payment based on a settlement distribution plan.

The deadline for exclusion is March 17, 2023. The deadline for objection is July 6, 2023. 

The final approval hearing for the Hawaiian Home Lands Trust settlement is scheduled for July 21, 2023.

Class members do not have to take any action to benefit from the Hawaii land trust office settlement. However, class members and surviving family members of deceased class members can update their mailing address, telephone number and email address on the settlement website.

Who’s Eligible

The settlement benefits individuals who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel before Aug. 31, 1995. Class members are a part of the settlement class even if the panel dismissed their individual claim.

Potential Award

TBD

Proof of Purchase

No proof of purchase applicable

Opt Out Deadline

04/03/2023

Case Name

Kalima, et al. v State of Hawai’i, et al., Civil No. 99—4771-12 LWC, in the 1st Circuit Court, State of Hawai’i

Final Hearing

07/21/2023

Settlement Website

Kalima-Lawsuit.com

Claims Administrator

Kalima Claims Administrator
P.O. Box 135035
Honolulu, Hawai’i 96801
info@Kalima-Lawsuit.com
833-639-1308

Class Counsel

Carl M Varady
LAW OFFICE OF CARL M VARADY

Thomas R Grande
GRANDE LAW OFFICES

Defense Counsel

Holly T Shikada
ATTORNEY GENERAL STATE OF HAWAIʻI
Craig Y Iha
Katie L Lambert
David D Day
Ryan K Kanaka‘ole
DEPUTY ATTORNEYS GENERAL

Linda Lee K Farm
Donna H Kalama
FARM BENEDICT SUGIHARA
A LIMITED LIABILITY LAW PARTNERSHIP LLP