Hawaii Personal Injury Lawyer Blog

Proudly Serving Honolulu, Maui, Kauai and the Big Island

July 25, 2008

Mediation has become a very effective litigation tool in Hawaii. We are asked about the possiblity of a mediation by clients and potential clients almost daily. Although mediation is practiced throughout the United States, the people of Hawaii, with their unique cultural history, seem particularly well-equipped to effectively use mediation. Although I was trained to practice law in New York, I moved to Hawaii in 1993. I have personally observed that Hawaii has a strong preference to mediation and that some of our finest jurists actively participate in this process.

For those unfamiliar with this practice, Mediation is a device in...

Read More
July 22, 2008

On July 18, 2008 this blog discussed the Hawaii Statute of Limitations. One of the main areas of dispute among attorneys is the date on which a Statute of Limitations “accrues” or begins to run. In many cases, it begins to run on the day of the incident or the injury. However, in certain specific cases the Statute of Limitations is “tolled”. Examples include the following:

1. The “Infancy Toll”- H.R.S. 657-7, as interpreted by Hawaii courts, allows a tolling of the statute of limitation for individuals that are under the age of eighteen (infants). Gorospe v Matsui, 72 Hawaii 377, 381 (1991). This tolling has been referred to as the...

Read More
July 18, 2008

One of the first steps you should take before filing a lawsuit is to determine whether the Statute of Limitations has expired. A Statute of Limitations is the time period that you have to file a claim with the Court. Although every case is different, and you should always consult an attorney to determine the viability of your claim, a few of the recurring Statute of Limitations questions that we encounter in our cases include the following:

In Hawaii, the Statute of Limitations for a Breach of Contract case is six (6) years. The Statute states as follows:

The following actions shall be commenced within six years next after...

Read More
July 15, 2008

One of the questions I am frequently asked is whether I believe the value of real estate in Hawaii will decline. The fact is, I am a trial attorney and rely on real estate experts to advise me about issues related to the value of Hawaii real estate and the duties that real estate professionals owe to their clients. However, like almost everyone else, I read about real estate. In the July 11, 2008 issue of The Pacific Business News (“PBN”), there was a very interesting article concerning the price of home sales in Hawaii. According to the PBN, the prices of homes in Hawaii dipped, while condo prices actually rose because the available...

Read More
July 11, 2008

When we started this office ten years ago, we decided to hire support staff who aspire to, one day, become attorneys. By so doing, we believed that we could be a positive influence on future Hawaii attorneys. I am proud to say that to date, we have had three former staff members become attorneys after working for me. My legal assistant, Cheryl-Ann Miyamoto, recently left the firm in order to attend the University of Hawaii William S. Richardson School of Law this fall semester. I am grateful to Cheryl for her hard work and wish her well in her future legal career. I am confident that in three years, Cheryl-Ann will be our fourth staff...

Read More
Category:
July 08, 2008

A friend recently e-mailed me the link to an article from the June 22, 2008 Honolulu Star Bulletin.com column in which reporter Erika Engle wrote the following:

Certain blog authors’ possession of an actual pulse may be questionable,…
****
A completely unscientific perusal of other large local firms websites didn’t turn up blog links, but Honolulu attorney Philip R. Brown has one. His most recent entry was in February.

http://starbulletin.com/2008/06/22/business/engle

Ms. Engle seems to question, based on the recent inactivity of my blog, whether I...

Read More
Category:
February 15, 2008

I am honored to have been selected to the American Trial Lawyers Association (ATLA). This honor is explained in the American Trial Lawyers Association’s website as follows:

The American Trial Lawyers Association, is a national organization composed of the Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature, and profile in the trial lawyer legal community.

http://www.theatla.com/about.html

Although ATLA typically...

Read More
Category:
January 23, 2008

Since the opening of this office in 1997, I have been blessed with excellent support staff. I am especially proud that two of my former assistants have moved on to graduate from law school, and are now fine attorneys. And so it is with mixed emotions that I announce the resignation of my friend, Jennifer Brantley.

Jennifer was the friendly voice many of you will recall hearing when calling this office. Although I will miss seeing her each day, I am proud that Jennifer has now fulfilled her lifelong dream of becoming a Teacher. I will also miss her daughter, Cheyenne, who used to “camp out” in our conference room when “daycare” was...

Read More
January 23, 2008

Since the opening of this office in 1997, I have been blessed with excellent support staff. I am especially proud that two of my former assistants have moved on to graduate from law school, and are now fine attorneys. And so it is with mixed emotions that I announce the resignation of my friend, Jennifer Brantley.

Jennifer was the friendly voice many of you will recall hearing when calling this office. Although I will miss seeing her each day, I am proud that Jennifer has now fulfilled her lifelong dream of becoming a Teacher. I will also miss her daughter, Cheyenne, who used to “camp out” in our conference room when “daycare” was...

Read More
Category:
November 06, 2007

We have represented clients alleged to have been involved in a “theft of a corporate opportunity.” As most people know, “a corporate officer or director is under a fiduciary duty of individual loyalty, good faith and fair dealing in conducting corporate business.” Racine v Weisflog, 477 N.W.2d 326, 329 (Wis App., 1991). One of the primary duties is that a corporate officer cannot divert assets of the corporation and use them for the officer’s personal advantage.

In Hawaii, the “corporate opportunity” doctrine has been explained as follows:

If there is presented to a corporate...

Read More

Pages