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Significant Cases

SIGNIFICANT CIVIL CASES


Alston v. Read, 678 F. Supp. 2d 1061 (D. Haw. 2010).

Federal Judge ruled the case presented disputed facts warranting trial against prison officials but the 9th Circuit disagreed and reversed on qualified immunity.


Bank of Honolulu v. Walker, 110 Haw. 215, 130 P. 3d 108 (Table), 2006 WL 572334.

Challenged bank’s effort to collect on a deficiency judgment against client when bank already received all its monies back from foreclosure sale.


Boyer v. State, Civ. No. 90-3514 (1st Cir., Haw. 5/4/92).

Ruled unconstitutional as applied a state law requiring a politician be informed of the name of anyone wanting to check their finances kept on file with the Ethic’s Commission as “public record.”


Brede v. Director, Department of Health, 616 F.2d 407 (9th Cir. 1980).

Gained leprosy patients right to a hearing to voice their opposition to being transferred to a new hospital on Oahu when receiving more specialized treatment that was not available for the leprosy patients living in Kalaupapa (Molokai).


Brown v. Ely, 14 P. 3d 257 (Alaska 2000).

Successfully pursued claim for damages for arrest of client using marijuana.


Brown v. Nuclear Claims Tribunal of the Marshall Islands, S. Ct. No. 91-06 (Marshall Islands, 8/14/92).

Cleared name of lawyer falsely accused of ethics violation by Marshall Islands Claims Tribunal.


Brown v. Thompson, 91 Haw. 1, 979 P. 2d 586 (1999).

Successfully challenged government's wrongful seizure of partially sunken vessel on the pretext it was derelict.


Carrington v. Sears, 5 Haw. App. 194, 683 P. 2d 1220 (1984).

Challenge to Sears for violating client’s trademark.


Chan v. Chan, 7 Haw. App. 122, 748 P. 2d 807 (1987).

Freed husband jailed for civil contempt for refusing to produce a

valuable coin collection in heated divorce proceedings.


Coloyan v. Badua, 256 Fed. Appx. 958 (9th Cir. 2007).

Challenged police search of a mother's home pursuant to arrest warrant for her adult son.


Davis v. Tlingit-Haida Regional Housing Authority, Case No. 1HA-96-19 CI (Superior Ct. – Juneau 1/12/98).

Procured reinstatement of public housing for client who able to continue to use marijuana in the housing project for recreational purposes.


Doe v. City and County of Honolulu, 8 Haw. App. 571, 816 P. 2d 306 (1991).

Represented firefighters challenging City's drug testing program.


Does 1-11 v. Hawaii County, Civ. No. 91-88 (D. Haw. 1992).

Represented several female geothermal protesters wrongfully arrested and strip-searched.


Fielder v. Gehring, 110 F. Supp. 2d 1312 (D. Haw. 2000).

Represented harbor tenant denied mooring permit by government officials to avoid him being a witness in a different civil rights case.  A verdict against the government generated a Senate investigation, SCR #16 (3/1/01).


Fielder v. Murphy, 359 F. Supp. 2d 1055 (D. Haw. 2005).

Court denied harbor masters effort to set aside a jury verdict finding her guilty of retaliation to client.


Fong v. Merena, 66 Haw. 72, 655 P. 2d 875 (1980).

Voided damage award given powerful politician suing client for defamation over his vote for a legislative pension or pay raise.


 

Foster Village Community Assn. v. Hess, 4 Haw. App. 463, 667 P. 2d 850(1983).

Prevailed on zoning challenge by Community Association to State Representative raising a 1200 pound hog as her "pet" in a planned residential neighborhood.


Gottfried v. ISKCON Hawaii, Inc., Civ. No. 95-3162 (D. Haw. 12/19/95).

Procured Court enforcement of settlement agreement with the Kare Krishna’s.


ISKCON v. Ariyoshi, Civ. No. 77-0144 (D. Haw. 1978).

Voided regulations restricting Hare Krishna’s "religious solicitations" at Honolulu International Airport.


ISKCON v. City & County, Civ. No. 93-679 (D. Haw. 1994).

Defeated challenge to Hare Krishna's food distribution from their Temple alleged to violate zoning laws.


ISKCON v. KEALA, Civ. No. 75-134 (D. Haw. 1978).

Brokered settlement with City regarding Krishna solicitations in Waikiki.


In Re: Charles Sims, Civ. 90- 449 (D. Haw. 2/5/91).

Procured expungement of client's criminal record after wrongfully charged and spent a night in jail because a Federal judge ruled client was trying to avoid jury duty.


Kaapu v. Aloha Tower Development Corp. (Kaapu I), 72 Haw. 207; Kaapu v. Aloha Tower Development Corp. (Kaapu II), 74 Haw. 365, 846 P. 2d 882 (1993).

Established "standing" requirements for public review of secret development plans for Aloha Tower complex.


Kalani v. County of Kauai, Civ. No. 94-0369.

Sued Kauai police officer who had sex with minor while on duty and in full uniform.


Kenney v. Paderes, 217 F. Supp. 2d 1095 (D. Haw. 2002).

Met the standard to sue prison doctors under 42 U.S.C. § 1983 for failing to provide needed medical attention; the court ruled the client had met.

Kenney v. State of Hawaii, 109 F. Supp. 2d 1271 (D. Haw. 2000).

Defeated government's motion to dismiss civil rights action against prison doctors charged with committing cruel and unusual punishment.


LeBallister v. Deputy Sheriff Kim, Civ. No. 95-114 (D. Haw. 2/10/95).

Procured damages for homeless man charged with illegally sleeping in van.


Marsland v. International Society for Krishna Consciousness, 66 Haw. 119, 657 P.2d 1035 (1983).

Represented Hare Krishna Temple charged with zoning violation when allowing too many devotees to live at its Nu’uanu Temple.


Matias v. Freeman Guards, Inc., Civ. No. 94-873 (D. Haw. 1996).

Brokered sex harassment settlement for a large security guard company.


Media 5 Ltd. v. Yakimetz, 2 Haw. App. 339, 631 P. 2d 1211 (1981).

Established right to secure mechanics lien on improvements to leased space.


Miano v. City & County of Honolulu, S. Ct. No. 17194 (Haw. 1996).

Recovered damages for Waikiki freelance photographer falsely arrested on several occasions for selling “souvenir photos” he would take of a customer posing with client’s exotic birds.


Midkiff v. DeBisschop, 58 Haw. 546, 574 P. 2d 128 (1978).

Set standards for supersedeas bonds in landlord tenant appeals for Hawaii.


Minton v. Quintal, 131 Haw. 167, 317 P. 3d 1 (2013).

Recovered damages for client “blacklisted” from union work by City administration.


Murphy v. Fielder, Civ. No. 1DSS-2000-885 (D. Ct. Honolulu 2000).

Procured dismissal of TRO for defective service.


Nachtwey v. Doi, 59 Haw. 430, 583 P. 2d 955 (1978).

Challenged election laws for indigent candidate unable to pay filing fee required to be able to run for Congress.


Orso v. Cobb, 348 F. Supp. 2d 1165 (D. Haw. 2004).

Client claimed right to be considered a deputy sheriff when serving legal documents.


Post v. Parsons, 122 F.3d 1073 (9th Cir. 1997).

Vacated summary judgment against Ms. Post who represented "Keehi Postal Center" and who claimed she was put out of business by the State to stop her from  informing boaters of their legal rights against harbor officials that were confiscating their boats.


Pray v. Judiciary Selection Commission, 75 Haw. 333, 861 P. 2d 723 (1993).

Represented radio personality challenging secrecy of list of nominees for a vacant judgeship once the list presented to the Governor for selection, all without revealing the names of other nominees on the list that were not selected by the Governor.


Rayford v. Omura, 400 F. Supp. 2d 1223 (D. Haw. 2005).

Court denied a Motion to Dismiss claim by CPS for alleged retaliation against parent advocate.


Robison v. Hickox, Civ. No. 02-1-0149(K); 20 National Jury Verdict 24 (3/05).

Obtained a financial settlement from Hawaii County for its police officers who wrongfully arrested several clients and took their medical marijuana.


Robinson v. Tripler Army Medical Center, 683 F. Supp. 2d 1097 (D. Haw. 2001).

Custody of child denied by actions of CPS ruled to be a violation of the  family’s rights.


Shelly Motors v. Bortnick, 2 Haw. App. 308, 631 P. 2d 594 (1981).

Used car salesman defeated claim of the existence of an “implied warranty” in a sale of a used car sold “as is.”


Sunn v. City & County of Honolulu, 852 F. Supp. 903 (D. Haw. 1994).

Recovered damages for street musician arrested for playing his music along Waikiki’s sidewalks.


Tawil v. Thomas, Civ. 98-549 (D. Haw. 1999).

Regained access for taxi driver banned from Hanauma Bay by City.


Waikiki Discount Bazaar v. City and County, 5 Haw. App. 635 (1985).

Challenge to gasoline storage tanks located under pedestrian sidewalk in Waikiki.

 

Waianae Coast Neighborhood Board v. Hawaiian Electric Company, 64 Haw. 126 (1981).

Environmental challenge to expansion of power plant at Kahe Point.


Walker/Benner v. Freeman Guards, Civ. No. 03-1-78 (1st Cir.).

Defended security company from unfounded retaliation claims by fired employees.


Webber v. City & County, Civ. No. 88-2327-07.

Defeated City’s Motion to Dismiss and brokered settlement with City after it destroyed client’s pedicab business.


Wong v. City and County of Honolulu, 333 F. Supp. 2d 942 (D. Haw. 2004).

Voided portion of HRS § 290-8 relating seizure of derelict vehicles found on city streets.


Young v. Coloma-Agaran, 2002 A.M.C. 1114 (2001), aff'd., 340 F. 3d 1054 (9th Cir. 2003).

Voided harbor rules for Hanalei bay on pre-emption grounds.



Based on my history and experience, I will be committed to help you resolve your case.

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550 Halekauwila Street, Room 309
Honolulu, Hawaii 96813

Phone: (808) 533-7491
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