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State high court probes conditions of Maui wildfires settlement – West Hawaii Today

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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.

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“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.

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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.

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“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.”

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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.

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“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.”





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Volcanic Ash: Tom Coffman a must read for understanding Hawaii | Honolulu Star-Advertiser

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Volcanic Ash: Tom Coffman a must read for understanding Hawaii | Honolulu Star-Advertiser




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Hawaii delegation raises legal concerns over Venezuela

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Hawaii delegation raises legal concerns over Venezuela


HONOLULU (KHON2) — Three of Hawaii’s Congressional Delegation released statements on Saturday, Jan.3, in response to President Trump’s overnight operation in Venezuela.

“At a time when Americans can’t afford rent, healthcare, or groceries, the Trump administration found time and money for regime change in Venezuela, risking a war that Americans don’t want. Before we spend another dollar on this reckless conflict, the American people deserve answers, including what this administration’s exit strategy is. Americans wanted help and hope in 2026, not another war,” said Tokuda.

U.S. Representative Jill Tokuda (HI-02)

Others echoed concerns about the legality of the operation, pointing to both international law and the U.S. Constitution. While acknowledging Venezuela’s political situation, some members of Hawaii’s congressional delegation said military action raises serious questions that extend beyond the actions of any one leader.

“Nicholas Maduro is an illegitimate and oppressive dictator and the people of Venezuela deserve better. But that alone doesn’t justify an armed attack on a sovereign country and forced regime change in violation of international law,” said Case. “And unless there was an imminent threat to our country, it doesn’t justify violating our Constitution and war powers law, which wisely reserves to Congress the grave decision to go to war.”

U.S. Representative Ed Case (HI-01)

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Case also emphasized that Congress plays a critical role in decisions involving war and military force.

“I don’t yet know the full facts or the President’s justification to attack Venezuela, place our troops in harm’s way, capture Maduro and administer the country,” said Case. “But the precedent of any President taking our country to war arbitrarily, single-handedly and without the approval of Congress has cascading effects that are far more dangerous.”

U.S. Representative Ed Case (HI-01)

Senator Brian Schatz also weighed in, saying the operation could put American lives and interests at risk.

“President Trump is jeopardizing American lives and interests — and stating plainly that the purpose is for U.S. oil companies to make money in Venezuela. Either these companies knew about these plans in advance, or he’s ordering corporations to be a part of his effort to overthrow another government,” said Schatz. “This operation is illegal under international law and unconstitutional without prior congressional approval. The United States should not be running other countries for any reason. We should have learned by now not to get involved in endless wars and regime change missions that carry catastrophic consequences for Americans.”

U.S. Senator Brian Schatz (D-Hawai‘i)

Hawaii’s congressional lawmakers stressed that, while the situation in Venezuela is complex, military action should not be taken lightly.

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“Nicolas Maduro should be held accountable for his actions, but Donald Trump’s unilateral decision to overthrow his regime does nothing to make our country safer. Instead, without any authorization from Congress or any clear plan for what comes next, Trump is plunging our nation into a conflict that could put American lives at risk while destabilizing the region and our relationships with our allies,” said Hirono. “Trump’s characteristically chaotic suggestion that the U.S is “going to run” Venezuela indefinitely, without any details, shows his disregard for the consequences of decades of misguided American intervention around the world. Trump promised to “end forever wars” and not engage in regime change. As usual, he says one thing and does another.”

U.S. Senator Mazie K. Hirono (D-HI)

With questions still surrounding the operation, Hawaii’s congressional leaders say transparency and oversight are critical moving forward. They stated that decisions of this extent should not be made without the involvement of Congress or the public.



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Hawaii hopes stricter laws will quiet illegal fireworks after deadly New Year’s Eve blast

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Hawaii hopes stricter laws will quiet illegal fireworks after deadly New Year’s Eve blast


HONOLULU — Mike Lambert heard fewer illegal fireworks exploding in his suburban Honolulu neighborhood in the months after a chain of blasts at a house party last New Year’s Eve led to the deaths of six people, including a 3-year-old boy.

As the director of Hawaii’s Department of Law Enforcement, Lambert wondered if the tragedy had sparked a shift in Hawaii residents’ penchant for igniting illegal fireworks. In some neighborhoods, it would be common to hear loud booms any time of day or night — for sporting events, celebrations or no apparent reason at all.

But this year, authorities are armed with stiffer laws created in the wake of the tragedy and will be giving out citations to offenders, Lambert warned.

“We have no delusions that you can have a tragedy New Year’s, you can sign a law in July and then not have anything go off the following year,” he said. Still, he expects that some people will decide not to set off fireworks, either because of last year’s deadly accident or the stepped-up enforcement and new laws.

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“Before, you could shoot it off with impunity,” said state Rep. Scot Matayoshi, who authored two of the five anti-fireworks bills. “Everyone knew they weren’t going to bust you.”

Police can now issue $300 tickets to those who shoot off fireworks, while repeat offenders and people whose actions cause serious injury or death could get prison time for felony crimes.

Matayoshi said he began working on legislation the morning after the tragedy, which took place at a New Year’s Eve 2025 celebration when crates of illegal fireworks tipped over and ignited in the Aliamanu neighborhood, illuminating the sky in a terrifying set of explosions that left more than a dozen people with severe burns.

This photo provided by the Hawaii Department of Law Enforcement shows seized illegal fireworks stored in a bunker in Waipahu, Hawaii, on Tuesday, Dec. 23, 2025. Credit: AP/Uncredited

“It affected me a lot,” Matayoshi said. “I couldn’t imagine being the neighbor of someone who had basically bombs in their house going off and hurting and killing my kids.”

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None of the the 12 people arrested have been charged with a crime. Honolulu police said they’re working with prosecutors in seeking charges.

A hopeful sign was an amnesty event last month where people turned in 500 pounds (227 kilograms) of illegal fireworks, Lambert said. His department has also increased searches at all ports, noting that illegal fireworks shipped to Hawaii often have ties to organized crime.

As of earlier this month, Honolulu police said officers had issued 10 fireworks citations. Matayoshi said the number is an improvement from zero in past years. He expects it to jump dramatically on New Year’s Eve.

Firecrackers to ring in the new year have long been popular in Hawaii, but about a decade ago, professional-grade aerials started becoming common.

“You’re seeing fireworks that were meant to be let off at like stadium and hotel events,” Lambert said. Those pyrotechnics have a 900-foot (274-meter) blast radius, but are exploding in tightly packed neighborhoods where homes are often just a few feet apart, he said.

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Army veteran Simeon Rojas grew up on Oahu in the 1980s and ’90s and enjoyed setting off firecrackers and lighting sparklers on New Year’s Eve. He considers fireworks part of the local culture and tradition.

But when fireworks suddenly explode when he’s at home in Honolulu’s Kalihi Valley, “it does rock my heart,” he said. It also triggers his post-traumatic stress disorder from serving in Iraq and Afghanistan.

“It gives me flashbacks,” he said. “I stay with my wife and kids on New Year’s Eve, so I feel safe.”



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