Hawaii Personal Injury Lawyer Blog

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December 07, 2012

Philip R. Brown was once again listed in Honolulu Magazine’s annual issue of The Best Lawyers in Hawaii.

Philip Brown is also listed in The Best Lawyers in America.  Mr. Brown also has the highest ethical/legal rating (AV) from Martindale Hubbell.  Mr. Brown is also listed by the National Trial Lawyers Association in the Top 100 Trial Lawyers.  Mr. Brown is listed in the Bar...

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September 26, 2012

The National Trial Lawyers Association has selected Hawaii attorney, Effie Steiger, of the Law Offices of Philip R. Brown, for inclusion in “Top 40 under 40” trial lawyers in Hawaii.

The National Trial Lawyers Top 40 Under 40 is a professional organization comprised of America’s top young trial lawyers.  According to the National Trial Lawyers Association, “Selection is based on a thorough multi-phase process which includes peer nominations...

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February 29, 2012

As we wrote in our previous post regarding HRS § 607-14, “[t]he Hawaii Supreme court has defined an “assumpsit” case as a claim “for the recovery of damages for the non performance of a contract . . . as well as quasi contractual obligations.”  Schulz v. Honsador, Inc., 67 Haw. 433 (1984).

Since then, the Hawaii Supreme Court and Intermediate Court of Appeals have elaborated on the types of “quasi contractual obligations” that constitute a claim in the nature of assumpsit that will result in an award of attorneys fees.  Specifically, the Courts have also clarified that a claim for “unjust enrichment” may also be an “action...

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February 24, 2012

This is an updated version of a blog first published on September 19, 2006

Under Hawaii law, in certain commercial cases, the prevailing party may recover some or all of its attorneys fees from the losing party. HRS § 607-14, states as follows:

§ 607-14 Attorneys’ fees in actions in the nature of assumpsit, etc. In all the courts, in all actions in the nature of assumpsit . . . there shall be taxed as attorneys’ fees, to be paid by the losing party and to be included in the sum for which execution may issue, a fee that the court determines to be reasonable . . . . The court shall then tax attorneys’ fees, which the court...

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February 03, 2012

Hawaii Attorney Philip R. Brown is proud to announce that he has once again received an AV Preeminent rating from his peers as recognized in the 2012 edition of Martindale Hubbell.  The AV rating is the “highest possible peer review rating for legal ability and ethical standards.”  According to Martindale Hubbell, the AV rating is the “pinnacle of professional excellence earned through a strenuous Peer Review Rating process that is managed and maintained by the world’s most trusted legal resource.”

Mr. Brown has been AV rated since 2000.  Below is a brief video about this achievement.


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February 02, 2012

A Hawaii personal injury attorney must be mindful of special procedures he or she must follow when litigating a personal injury action on behalf of a minor or an incapacitated person.  Because a minor or incapacitated person cannot make an informed decision regarding his or her case, Hawaii law requires that any settlement or judgment received in a minor’s court case be approved by a judge presiding in probate and that a conservator is appointed on behalf of the minor or incapacitated person.  Rule 101 of the Hawaii Probate Rules makes it the Plaintiff’s Attorney’s responsibility to initiate a conservatorship action for the eventual...

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November 01, 2011

U.S. News Media Group and Best Lawyers have released their 2011 – 2012 “Best Law Firms” rankings.  The Law Offices of Philip R. Brown was ranked among the best law firms in the state of Hawaii in the following practice areas:

Commercial Litigation

Litigation – Eminent Domain and Condemnation

Litigation – Real Estate

Tier Two

For a discussion of the methodology of the U.S. News – Best Lawyers Law Firm Rankings click...

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September 10, 2011

Philip R. Brown of the Law Offices of Philip R. Brown has been named a Fellow of the Litigation Counsel of America (LCA).  Membership is limited to 3,500 lawyers nationally, and Mr. Brown is one of only 14 LCA Fellows from Hawaii.  The composition of the LCA is aggressively diverse, with recognition of excellence among American litigation and trial counsel across all segments of the bar.

The LCA is an invitation-only trial lawyer honorary society composed of...

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September 03, 2011

Consumers injured by deceptive marketing materials have recourse in the State of Hawaii.  We have previously written concerning the Hawaii Unfair and Deceptive Trade Practices Act.  H.R.S. § 480-2      

H.R.S. § 480-2 is a powerful tool to protect consumers and investors from advertisers whose marketing materials have a “tendency to mislead.”  Under H.R.S. § 480-2, an injured “investor or consumer” may be awarded treble damages, costs, and attorney’s fees under H.R.S. § 480-13.  The Hawaii Supreme Court has upheld this statute in multiple...

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August 31, 2011

In Hawaii, if your case is in the United States District Court for the District of Hawaii (“Hawaii Federal Court’), then the Federal Rules of Civil Procedure (FRCP) and the Local Rules for the Hawaii Federal Court apply.  These rules provide that certain steps be taken prior to commencing discovery.

According to FRCP 26(d), “a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)…”  FRCP Rule 26(d).  FRCP Rule 26(f)(2) explains the purpose of the conference of the parties as follows:

In conferring, the parties must consider the nature and basis of...

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