Hawaii
State high court probes conditions of Maui wildfires settlement – West Hawaii Today
Hawaii Supreme Court justices posed many exacting, and sometimes skeptical, questions Thursday to attorneys in a case pertaining to the validity of a $4 billion deal to settle Maui wildfire litigation.
Justices challenged four lawyers over their respective arguments on whether conditions of the proposed settlement affecting insurance company rights comply with Hawaii law.
It may be weeks before the court’s five justices render a decision.
After the almost two-hour hearing, representatives of opposing sides in the case expressed optimism for prevailing.
“We are right on the law, so I think the justices will see that,” said Jesse Creed, liaison counsel for numerous attorneys representing more than 17,000 victims of the Aug. 8, 2023, fires that killed 102 people and destroyed most of Lahaina as well as property in Upcountry Maui.
Mark Grotefeld, liaison counsel for close to 200 insurance companies that have paid about $2.3 billion in claims so far to fire victims and expect to pay over $1 billion more, had a similar view. “We know the law is correctly as we have stated it, so we feel very good about our chances here,” he said.
A decision by the court could determine whether the proposed settlement, which excludes insurers, can prevent the insurers from obtaining compensation, through litigation, from parties deemed responsible for the fire in an effort to at least partially cover payouts to policyholders. Without this prevention, the existing settlement arrangement falls apart.
The court’s decision is also expected to establish a precedent that could apply to future cases pertaining to insurance recoveries and how property and casualty insurance companies operate in Hawaii.
The parties that have agreed to pay $4 billion to Maui fire victims are Hawaiian Electric, the state, Kamehameha Schools, Spectrum Oceanic LLC and Hawaiian Telcom.
Maui Circuit Judge Peter Cahill approved terms of the deal in August and barred insurers from pursuing compensation, through separate litigation, directly from settlement payers.
Under Cahill’s ruling, the only way insurers can recover insurance claim payments is to seek court approval to obtain refunds from policyholders for any amount of compensation that exceeds the value of what they lost.
Cahill later agreed to have Hawaii’s high court decide three questions in an effort to determine whether his ruling complies with Hawaii law.
Most of Thursday’s hearing was spent discussing Hawaii case law, legal principles and notions of equity. Justices posed more than 75 questions to the four attorneys presenting arguments on two sides of the issue.
Creed told the Supreme Court justices that insurers sought reimbursement outside of what’s permitted by state law at the expense of fire victims who lost family, friends, homes, businesses and public facilities.
“They lost the core and the fabric of their community, and they need every penny to restitch the fabric and bring the community back together,” he said. “Every penny (insurers) take outside of the rules … is one less penny that goes back to rebuilding Lahaina.”
Attorney Ginger Anders presented arguments along similar lines for all the settlement payers.
“The settlement is structured to give insurers everything to which they are entitled to under existing Hawaii law,” she said.
Adam Romney, an attorney who presented arguments for the insurers, said this group wanted to be part of a settlement but wasn’t meaningfully included in dealings with independent mediators who suggested the parties agree to $4 billion as a maximum fair and practicable sum for the settlement payers based on facts and circumstances of the disaster.
“We’re not trying to block the settlement,” he said. “We would like there to be a settlement that helps everybody and resolves all claims.”
Romney said the insurers refused to agree to the $4 billion deal because they were not told how much each entity would pay. After the deal was announced, it was revealed that Hawaiian Electric’s share was $1.99 billion, which Romney emphasized is less than what insurers have paid in claims.
Terrence Revere, an attorney representing fire victims through class-action litigation also connected to the settlement deal, said the $4 billion figure is inadequate but was a way to resolve more than 600 lawsuits.
“Nobody was happy with it, but everybody but the insurers felt we have to move on,” he told the court.
Under current terms of the tentative settlement, the issue with the insurers must be resolved by May 19 for the deal to become effective.
Chief Justice Mark Recktenwald said a decision would be forthcoming.
“Mahalo to all our attorneys for your arguments here today,” he said from the bench. “The court will take this matter under advisement. We recognize the urgency of this matter and will issue a decision as soon as possible.”
Hawaii
This Hawaii Flight Emergency Looks Different Over The Pacific
Many Hawaii-bound travelers now board with at least one power bank in their carry-on. We plug in our personal devices and then settle into a flight where the nearest runway may still be up to three hours away if something starts smoking in the cabin.
That risk is no longer theoretical. A passenger’s portable charger reportedly caught fire this week on a United flight between Zurich and Newark. The crew turned toward London, and the aircraft was on the ground at Heathrow about 35 minutes later. On a Hawaii flight, that clock runs very differently.
Hawaii flights are safe. The harder question is what happens when a cabin emergency involves the one item nearly everyone now brings onboard, and the nearest runway is hours away instead of minutes.
The flight diversion ended quickly.
According to The Aviation Herald, the aircraft was a United Boeing 767, and the passenger whose power back caught fire was seated in premium economy. Emergency vehicles at Heathrow met the aircraft after landing.
The aircraft was operating over Europe, surrounded by airports and densely packed airspace, with a runway available once the crew turned toward London. The Pacific almost uniquely changes that equation because even a safe, controlled diversion can still leave passengers and crew airborne for hours before reaching a runway.
Hawaii flights operate under a very different reality.
Hawaii routes operate under strict long-range overwater requirements, and airlines always remain within approved diversion ranges throughout flights. Pilots continuously monitor alternate airports, fuel burn, weather systems, and aircraft performance when crossing the Pacific to and from Hawaii, and modern aircraft are designed specifically around this type of flying.
A Hawaii flight halfway between California and Honolulu, or a redeye returning overnight to the mainland, can remain hours from landing after a diversion is called for. Anyone who flies to and from Hawaii likely has given this some thought.
After two hours in flight, we are already wondering whether we are closer to the mainland or to the islands. That is because when anything goes wrong, the airplane will be heading in one direction or the other.
By the third hour of an overnight to the mainland, most of the cabin is asleep, often with phones and tablets plugged into power banks around them. Bags are packed under seats. The map screen still shows water in every direction. That is the part of the flight where a smoke event becomes a multi-hour event, not a 35-minute one.
Why airlines worry so much about power banks now.
Lithium battery fires pose a different challenge from ordinary cabin fires because the battery itself can continue generating heat even after visible flames appear to be extinguished. This thermal runaway is a chain reaction inside the battery cell that can keep reigniting unless the device is cooled and isolated.
Hawaii routes have already seen their own reminders about just how this works. In 2024, Hawaiian Airlines Flight 26 between Honolulu and Portland experienced an onboard iPad fire, and the response in the air raised hard questions about how prepared crews actually are when a battery goes into thermal runaway in a packed cabin.
Flight attendants are trained not simply to put out the initial flare-up, but to continue monitoring and cooling the device for the remainder of the flight. Many airlines now carry thermal containment bags designed specifically for overheating electronics, and crews may spend significant time managing a single damaged battery after the initial emergency appears over.
The industry has also seen these incidents emerge through increasingly ordinary situations. That includes devices that slip into reclining seat mechanisms and become crushed during flight. Chargers overheat during continuous use. Damaged batteries continue being used after swelling or impact damage.
Airlines understand that the overwhelming majority of lithium batteries pose no problems. The concern is scale. Nearly every passenger now travels with multiple high-capacity batteries, and Hawaii flights combine long durations, overwater flying, overnight operations, and cabins filled with continuously charging electronics.
Three hours can feel very different than 35 minutes.
A smoke event onboard a European flight may mean the airplane is parked at the gate before passengers fully process what happened. On a Hawaii route, the same event can unfold under very different conditions, even when the crew responds perfectly, and the aircraft remains fully under control.
Picture a darkened overnight flight between Honolulu and the mainland, with the seatbelt sign illuminated above sleeping passengers. A faint smoke smell drifts into part of the cabin, nearby travelers begin looking around to understand where it is coming from, and flight attendants move quickly through the aisle carrying gloves, water bottles, and containment equipment.
Someone several rows away is told to unplug a device, while another passenger suddenly realizes the smell may be coming from a backpack pushed beneath a nearby seat. Outside the window, there are no visible city lights, highways, or coastline below, only darkness and open ocean stretching across the moving map screen.
Modern crews train extensively for exactly these situations, and commercial aviation remains remarkably safe. What changes is the sense of time, because passengers understand the airplane may still remain airborne for hours after the diversion decision happens.
The crew may be doing everything right and the battery may already be contained, yet the flight can still have hours left before anyone steps onto a runway.
Airlines are tightening the rules.
Airlines are becoming more aggressive about portable charger policies, especially on longer and overwater routes. Southwest already requires power banks to remain visible while in use, with no charging inside bags or overhead bins, and other carriers are thought to be moving quickly in the same direction.
As we covered previously in New Inflight Portable Charger Ban Reaches Hawaii Route December 15, airlines increasingly view portable power banks as one of the highest-risk personal items regularly brought onboard. Long, overwater flying is where much of that enforcement is appearing first, and travelers should expect more restrictions ahead, not fewer.
What this means for the next time you fly to Hawaii.
For most Hawaii travelers, the practical takeaway is simple. Carry fewer spare batteries and keep portable power banks where you can see them, rather than buried inside luggage. Editor Jeff likes to keep his visible in his seat pocket.
Recently, more announcements include something to the effect that if a device becomes unusually hot, starts swelling, smells odd, or slips into a seat mechanism, to tell a flight attendant immediately rather than trying to handle it privately. Cabin crews would far rather respond early to a small problem than discover it later after smoke appears in the cabin.
The crew wants exactly what passengers want on a Hawaii flight: a long, uneventful crossing where nothing memorable happens. Portable chargers offer a new type of concern that is just now being addressed.
Have you ever known of issues with portable chargers on a flight?
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Hawaii
Emergency crews treat unresponsive man aboard a vessel off Kaneohe
HONOLULU (HawaiiNewsNow) – Emergency crews responded to a medical incident offshore of Kualoa Regional Park Tuesday.
The Honolulu Ocean Safety Department said rescuers were called around 1:01 p.m. for an unresponsive adult man aboard a vessel about 10 miles offshore in Kaneohe waters.
Crews met the vessel near Mokolii, also known as Chinaman’s Hat, where a lifeguard boarded and began CPR and oxygen treatment.
The man was transported to Kualoa Regional Park, where Honolulu Emergency Medical Services took over care and continued advanced treatment.
No additional information about the man’s condition was immediately available.
Copyright 2026 Hawaii News Now. All rights reserved.
Hawaii
Lava fountaining marks start of Episode 46 at Kilauea – Hawaii Tribune-Herald
Kilauea began a new episode of lava fountaining at its summit today, prompting an ashfall advisory for parts of Hawaii Island.
The Hawaiian Volcano Observatory said Episode 46 started at 8:17 a.m. inside Halemaʻumaʻu crater, with activity confined to Hawaii Volcanoes National Park.
The volcano remains at watch alert level and orange aviation color code, indicating heightened unrest with increased potential for eruption hazards.
The National Weather Service issued an ashfall advisory through 8 p.m. for areas downwind of the summit, including Volcano and Mountain View.
Light and variable winds shifting southeast are expected to carry volcanic gas and ash across the summit region and toward the north and northwest areas.
Tephra, including ash and Pele’s hair, is most likely within about 3 miles of the vents, but lighter material can travel much farther.
Officials said impacts are expected to be limited, though ash particles can irritate eyes and lungs, especially for those with respiratory conditions.
Residents are urged to limit exposure by staying indoors when possible, closing windows and doors and wearing masks and eye protection if going outside.
People with water catchment systems should cover and disconnect them to prevent contamination.
Anyone observing ashfall is encouraged to report conditions to the Hawaiian Volcano Observatory at hawaiiash.science/report_form.
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