IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN THE MATTER OF MARY LOU WOO TRUSTEE, PLAINTIFF
BOBBY N. HARMON, DEFENDANT
CIVIL NO. 05-00030 DAE-KSC
(JUDGES DAVID A. EZRA AND KEVIN S. CHANG)DEFENDANT’S WITNESS
999 Bishop Street 23rd Floor
Honolulu Hawaii [ HI ] 96813
Attorney, formerly with the law firm of WATANABE ING KAWASHIMA & KOMEIJI LLP.
James Kawashima (Partner) was born Honolulu, Hawaii, October 7, 1942; admitted to bar, 1972, Hawaii.
Education: Lewis and Clark College (B.A., 1964); George Washington University (J.D., with honors, 1972). Adjunct Professor of Law, William S. Richardson Law School, University of Hawaii, 1988-1996. Commissioner, Hawaii State Judicial Selection Commission, 1997-2003. Member: Hawaii State and American Bar Associations; American Inns of Court (Charter Member); American Board of Trial Advocates; International Academy of Trial Lawyers. Fellow, American College of Trial Lawyers. [Lieut., U.S. Navy, 1964-1968]. Practice Areas: Commercial Litigation; Professional Malpractice Defense; Insurance Defense Litigation
~ ~ ~
NEW DISCOVERY (11-24-08): New Exhibit: “EQ 2048 - Deposition of Lokelani Lindsey taken on November 4 & 9, 1999". This document provides clear evidence that J. Douglas Ing had multiple conflicts-of-interest in this case and, since he was not a named Defendant in my RICO lawsuit against the former Trustees, he was not a legitimate signatory to the Settlement Agreement: Furthermore, since the Settlement Agreement was NOT SIGNED by any of the five Trustees actually named as Defendants, the Settlement Agreement was not legal or valid. (See Exhibit A)
~ ~ ~
October 17, 2005
Six lawyers start new firm
Pacific Business News (Honolulu)
A former partner at a top Honolulu law firm has teamed with five colleagues to start a new practice.
Kawashima Lorusso & Tom LLP is open for business at the Topa Financial Center in downtown Honolulu, where it will focus on all aspects of litigation, negotiation and dispute resolution.
The partners -- James Kawashima, Michael A. Lorusso and Gregory Y.P. Tom -- left the firm Watanabe Ing Kawashima & Komeiji LLP to start their own.
They took with them three other lawyers from the firm: Randall Y. Yamamoto, Lyle Y. Harada and Brian Y. Hiyane.
~ ~ ~
NEW DISCOVERIES (07-27-08): UNDISCLOSED PROFESSIONAL AND POLITICAL RELATIONSHIPS BETWEEN DAVID C. FARMER, JAMES KAWASHIMA, OTHERS...
LEWIS & CLARK COLLEGE
Class News - 1960s
James Kawashima '64 was commissioner for the Hawaii State Foundation on Culture and Arts before becoming commissioner for the Hawaii State Judicial Selection Commission.
He and his wife, Melvia, have two children.
~ ~ ~
April 8, 2004
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
KEAUHOU MASTER HOMEOWNERS ASSOCIATION, INC., a Hawai`i non-profit
corporation; WILLIAM S. TAYLOR, as an individual, a trustee of
the WILLIAM S. TAYLOR Trust and as a representative of a class of
taxpayers and homeowners residing in Keauhou, Hawai`i; and WALTER
KRIEWALD, as an individual and as a representative of a class of
homeowners residing in Keauhou, Hawai`i,
COUNTY OF HAWAI`I, a municipal corporation, HARRY KIM, in his
capacity as a Mayor, RONALD K. TAKAHASHI, in his capacity as
Deputy Director of Public Works, BRUCE MCCLURE, in his capacity
as Director of Public Works, KAMEHAMEHA SCHOOLS/BERNICE PAUAHI
BISHOP ESTATE, a Hawai`i non-profit trust organization, LOKELANI
LINDSEY, HENRY PETERS, OSWALD STENDER, RICHARD WONG and GERARD A. JERVIS as Trustees of the Bernice Pauahi Bishop Estate,
KAMEHAMEHA INVESTMENT CORPORATION, a Hawai`i corporation,
and WATANABE, ING & KAWASHIMA, a Hawai`i partnership,
APPEAL FROM THE THIRD CIRCUIT COURT
(CIVIL. NO. 95-6K)
APRIL 8, 2004
MOON, C.J., LEVINSON, NAKAYAMA, AND ACOBA, JJ., AND CIRCUIT JUDGE
MCKENNA, IN PLACE OF DUFFY, J., RECUSED
OPINION OF THE COURT BY LEVINSON, J.
The plaintiffs-appellants William S. Taylor, as an individual, a trustee of the William S. Taylor Trust, and as a representative of a class of taxpayers and homeowners residing in Keauhou, Hawai`i, and Walter Kriewald, as an individual and as a representative of a class of homeowners residing in Keauhou, Hawai`i [hereinafter, collectively, "the Appellants"], (4) appeal from the following orders and judgment of the third circuit court, the Honorable Ronald Ibarra presiding: (1) the January 6, 1997 order partially granting and partially denying the Appellants' motion for partial summary judgment, filed July 19, 1996 [hereinafter, "the January 6, 1997 order"]; (2) the August 5, 1997 order granting the defendant-appellee Watanabe, Ing & Kawashima's [hereinafter, "WIK"] motion to dismiss or in the alternative for partial summary judgment, filed May 15, 1997 [hereinafter, "the August 5, 1997 order"]; and (3) the May 10, 2000 final judgment....
In light of the foregoing, we (1) affirm the January 6, 1997 order, (2) vacate the August 5, 1997 order, (3) vacate the May 10, 2000 final judgment, and (4) remand this matter to the circuit court for further proceedings consistent with this opinion.
Francis L. Jung (of Jung &
Vassar), for the plaintiffs-
appellants Keauhou Master
Inc., et al.
James E. Duffy (of Fujiyama,
Duffy & Fujiyama), for
Watanabe, Ing & Kawashima
~ ~ ~
August 24, 2007
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
GAIL AWAKUNI; JANIS BUSH; DIANE KELLET; MONA STEVENSON; SUE
STOCK; NANCY TERUYA AND RAYMOND UYENO, FOR THEMSELVES AND ALL
OTHER SIMILARLY SITUATED EMPLOYEES,
BOB AWANA; HAROLD DECOSTA; MARK RECKTENWALD; KATHERINE
THOMASON; KATHLEEN WATANABE; WILLARD MIYAKE; JOAN LEWIS;
GERALD MACHIDA; JOHN RADCLIFFE; DAYTON NAKANEIUA; STATE OF HAWAI`I,
JOHN DOES 1-10, Defendants.
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 03-1-2512-12)
AUGUST 24, 2007
NAKAYAMA, ACOBA, AND DUFFY, JJ., AND
CIRCUIT JUDGE MARKS, IN PLACE OF LEVINSON, J., RECUSED;WITH MOON, C.J., CONCURRING SEPARATELY
OPINION OF THE COURT BY DUFFY, J.
Plaintiffs-Appellants Gail Awakuni, Janis Bush, Diane Kellet, Mona Stevenson, Sue Stock, Nancy Teruya, and Raymond Uyeno, for themselves and all other similarly situated employees [hereinafter, Plaintiffs], appeal from the February 24, 2005 final judgment of the Circuit Court of the First Circuit, the Honorable Gary W.B. Chang presiding, which granted summary judgment in favor of Defendants-Appellees, the trustees of the Hawaii Employer-Union Benefits Trust Fund (EUTF), Bob Awana, Harold Decosta, Mark Recktenwald, Katherine Thomason, Kathleen Watanabe, Willard Miyake, Joan Lewis, Gerald Machida, John Radcliffe, and Dayton Nakaneiua [hereinafter, EUTF Board or Trustees], and the State of Hawai`i [hereinafter, collectively with the Trustees, Defendants]. Based on the following, we affirm the final judgment of the circuit court.
A. Background on the EUTF
The EUTF was established to provide a single health benefits delivery system for State and county employees, retirees, and their dependents. Hawai`i Revised Statutes (HRS) §§ 87A-15, -31 (Supp. 2001). It replaced the Hawai`i Public Employees Health Fund (PEHF) on July 1, 2003. Act 88 of the 2001 Session Laws of Hawai`i, partially codified as HRS chapter 87A, sets forth the statutes governing the EUTF. It is administered by a board of ten trustees, appointed by the governor, who all serve without compensation. HRS §§ 87A-5, -8 (Supp. 2001). Five trustees represent the employee-beneficiaries and five trustees represent public employers. HRS § 87A-5. The EUTF Trustees were responsible for, inter alia, establishing the health benefits plan or plans. HRS § 87A-16 (Supp. 2001).
As mandated by HRS § 87A-25(4) (Supp. 2001), the EUTF procured and maintained fiduciary liability insurance and public officials and employment practices liability insurance. The EUTF is the named insured under the following policies underwritten by National Union Fire Insurance Company of Pittsburgh, Pennsylvania: (1) a Public Officials and Employment Practices Liability Policy in the amount of $3,000,000.00; and (2) a Fiduciary Liability Policy in the amount of $10,000,000.00. The policies cover the EUTF and its trustees, and the second policy also extends coverage to the State.
B. Deciding on a Rate Structure
The EUTF Trustees began meeting in January 2002. On June 28, 2002, Garner Consulting [hereinafter, Garner] was hired as a benefits plan consultant, and was asked to determine the economic effect that various rate structures would have on future participants in the EUTF plans. Garner determined that at that time, United Public Workers utilized a four-tier plan -- i.e., one premium rate for single employees (individual rate), a second premium rate for employees with one dependent, a third rate for employees with two dependents, and a family rate for employees with three or more dependents -- and the Hawai`i Government Employees Association utilized a three-tier plan -- i.e., individual rate, individual plus one dependent rate, and family rate for employees with two or more dependents. Two-tier rate structures -- i.e., an individual rate and a family rate for employees with one or more dependents -- were being used by the PEHF, the Hawai`i State Teachers' Association, the University of Hawai`i Professional Assembly, the State of Hawai`i Organization of Police Officers, and the Hawai`i Fire Fighters Association (HFFA). Garner prepared charts for the Board, comparing the effects of implementing a two-tier structure as opposed to three- or four-tier structures. The charts showed that the smallest percentage of employees would be adversely affected by the EUTF using plans with a two-tier rate structure, i.e., approximately 92% would have the same or lower rates and 9% would have higher rates.
On or about August 8, 2002, the EUTF Board sent to the public employers and unions a "Summary of Health Benefits Plan" for their review and comment. The summary stated that the EUTF benefits committee had recommended that the EUTF adopt a two-tier rate structure. In response, it appears that only the County of Maui expressed concern over the use of a two-tier structure.
Just prior to issuing the request for proposals, the Board again considered the rate structure issue at a Board meeting. While at least one Trustee argued that a four-tier structure would be more equitable, other Trustees relied on the chart prepared by Garner and asserted, in relevant part, that: (1) a four-tier structure would increase the costs for those least able to afford it, i.e., families with two or more dependents; (2) it would be "more prudent to stick with the current 2-tier structure" because collective bargaining was "geared to a 2-tier structure" and "a move to a 4-tier structure may change the way collective bargaining is done"; and (3) "all plans are subject to inequity; large families are subsidized by others, high users are subsidized by lower users, etc."
After public meetings and consultation with public employers and unions, the EUTF Trustees established health benefits plans, effective July 1, 2003, with two tiers of insurance premium rates.
In or about April 2003, collective bargaining agreements setting forth public employer contributions to the EUTF health benefits plans were reached. The agreements provided for employer contributions on a two-tier basis.
In or about September 2003, the EUTF Board requested Garner to determine the effect of moving to a three- or four-tier rate structure. Garner requested proposed rates from the insurance carriers providing the EUTF health plans. One or more of the insurance carriers advised Garner that the proposed rates for three- or four-tier plans were dependent on all public employers and public sector unions agreeing to the same rate structure. If some chose different rate structures, the proposed rates would be different. Further, the current two-tier rates could also change if some public sector unions wanted to implement three- or four-tier plans for their members. Additionally, the Board sent a letter to the public employers and unions to see if they were interested in moving to a three- or four-tier rate structure. Only HFFA responded, stating that the existing two-tier structure should be maintained because "the unions have negotiated contribution rates based on the two-tier structure."
C. Procedural History
On February 26, 2004, Plaintiffs, State and County employees with only one dependent whose health insurance is obtained through the EUTF, brought the instant suit, on behalf of themselves and others similarly situated, against Defendants alleging, inter alia, that: (1) the EUTF Trustees, by offering only two tiers of insurance premium rates rather than three or four tiers of premium rates, breached their fiduciary duties of loyalty and impartiality owed to all the beneficiaries of the EUTF because the two-tier plan overcharges and unfairly discriminates against two-member families; (2) the State was vicariously liable for the actions of the Trustees; and (3) the State was directly liable for negligently training and advising the Trustees with respect to their duties and obligations to the beneficiaries of the EUTF.
On March 1, 2004, Defendants filed a "Motion to Dismiss Complaint or in the Alternative for Summary Judgment." The matter was heard on October 22, 2004. Both parties subsequently filed supplemental memoranda regarding the discretionary function exception to the State Tort Liability Act (STLA), HRS chapter 662. By order dated February 15, 2005, the circuit court, "having found no genuine issue as to any material fact and that Defendants are entitled to judgment as a matter of law," granted Defendants' motion for summary judgment. Final judgment was entered in favor of Defendants and against Plaintiffs on all claims on February 24, 2005. On March 17, 2005, Plaintiffs filed their timely notice of appeal.
On March 27, 2007, Defendants filed a timely motion to retain oral argument, which this court granted on April 26, 2007. Oral argument for this case was held on July 11, 2007.
~ ~ ~
July 17, 1997
takes controversial post
He and three others
join the commission that selects
nominees for state judgeships
By Mary Adamski, Star-Bulletin
Four people will be installed as members of the Judicial Selection Commission today, but there is no question that public attention will focus on Gary Rodrigues, state director of the United Public Workers.
Critics have challenged the appointment as the last straw in power wielded by the leader of the 13,000-member blue-collar union. Rodrigues has gained high visibility in the past year in political struggles over "privatizing" government services and setting a constitutional convention.
The nine-member commission selects nominees from which the governor appoints judges, and has authority to reappoint judges.
"Someone has a wild imagination ... that I would determine judges, one vote out of nine, it's outrageous," said Rodrigues in a recent interview.
He said he did not seek the appointment, which was actually made in early 1996 but held up because of changes made in the way appointments are made.
"It came as a complete surprise" when state Senate President Norman Mizuguchi proposed his nomination. "He said he thought labor should be represented. There was nobody there since Tommy Trask (former ILWU director whose commission term ended in 1993).
"Why shouldn't we (a public employee union representative) be on the commission? Working people make up a large proportion of the community. We're voters, we pay taxes," Rodrigues said.
He said those who criticize organized labor's role in the political scene are saying "we can only cook the dinner but we cannot sit down to eat. That is a real 'master' type attitude." Rodrigues, 55, has been elected UPW state director since 1981. He was elected president of the Hawaii State AFL-CIO in 1985.
This is not his first political appointment. Gov. John Waihee named him to the Research Corporation of the University of Hawaii for two terms. Gov. George Ariyoshi appointed him to the Compensation Review Commission for public officials and employees. The UH Board of Regents picked him for a 1992 advisory committee in the search for a university president. He chairs the Hawaii Health Council created to plan health care initiatives following the government and business Vision 2000 planning conference. He has served on numerous boards and committees concerning conditions and benefits for the workforce.
Also being sworn in are Max Sword, Outrigger Enterprises Inc. director of industry affairs; Wayne Matsuo, former head of the state Office of Youth Services, and Honolulu lawyer James Kawashima.
The focus on Rodrigues comes, in part, because of a challenge by a group of Republican lawmakers who say the appointment violates the state Constitution mandate that "no member shall take an active part in political management or in political campaigns." They called on Rodrigues to resign from activities as lobbyist and political action committee leader for the union.
The state Ethics Commission said their challenge was outside its jurisdiction. The state attorney general did not respond with a legal opinion, and Mizuguchi ignored their demand to withdraw his nomination.
It isn't an issue for the Judicial Selection Commission at this point either, said attorney David Fairbanks, acting chairman. "If there is a question of whether he is participating in a political campaign or managing a political campaign, then that is something we might look at.
"But until he is seated on the commission and there is some evidence he is violating a rule, we would not." Fairbanks said Judicial Selection Commission members frequently step aside from participating when they have a personal or professional connection with a candidate for nomination or reappointment.
Desmond Byrne, state chairman of Common Cause/Hawaii, said: "Selecting judges is just one more lever of power here. We don't like to see it concentrated in too few people. Anybody as litigious as the UPW ... we don't want to see people with a lot of matters before the courts selecting judges."
Byrne said: "There's enough cynicism already that power is too concentrated in Hawaii. If someone heads one institution, we don't want to see him influencing another institution."
The perception that Rodrigues already has clout in the judicial branch of government as well as the executive and legislative branches was heightened because of a couple of recent Hawaii Supreme Court decisions.
First, there was the UPW challenge to a Hawaii County contract for a privately run landfill, the kind of jobs usually held by county refuse workers. After the high court upheld the union position, the battleground moved to the Legislature, which wrestled with but didn't succeed in defining limits of privatization. Then it was back into the courts again as three neighbor island mayors canceled numerous contracts.
Also there is the federal judge's decision last week mandating a new election on the question of whether a Constitutional Convention shall be called. The furor was kicked off by Rodrigues, as head of the State Federation of Labor, AFL-CIO, and other Con Con opponents.
The Supreme Court upheld their view, ruling that the 45,335 blank and spoiled ballots had to be counted, thus negating the "yes" vote majority. Con Con backers took the matter to federal court.
He also has been visible in the issue of drug-testing for Honolulu city truck drivers, most of whom are UPW members.
~ ~ ~
August 4, 2004
VIA facsimile only @ (808) 529-7177
Mr. Steven Guttman, Esq.
Kessner Duca Umebayashi Bain & Matsunaga
220 South King Street, 19th Floor
Honolulu, HI 96813
RE: Notice of Claim - Steven Guttman, Esq., Kessner Duca Umebayashi Bain & Matsunaga
Ref. Mary Lou Woo, Trustee v. Bobby N. Harmon
Dear Mr. Guttman:
This is a follow-up to my Notice of Claim reported on December 12, 2003, and my follow-up dated June 19, 2004, against you and the law firm of Kessner Duca Umebayashi Bain & Matsunaga, for racketeering, tax fraud, mail fraud, wire fraud, conspiracy to commit fraud, breach of attorney-client privilege, conflicts of interests, obstruction of justice, and other wrongful acts. As I stated in those letters:
“As evidence attesting to the truthfulness of these allegations, I am providing you a copy of Bradley R. Tamm’s facsimile dated April 6, 2002, addressed to you, Matt Tsukazaki and Susan Tius. In this communication, Bradley Tamm attached a copy of my letter to Gregory T. Dunn dated March 30, 2002, and stated:
‘TRANSMITTED HEREWITH IS A COPY OF A LETTER RECENTLY RECEIVED FROM MR. HARMON. APPARENTLY, HE IS SENDING NEARLY IDENTICAL LETTERS TO ALL OF US.
‘I WOULD REQUEST THAT MR. TSUKAZAKI RELEASE TO ME A COPY OF ANY SIMILAR LETTERS SENT TO HIM, MS. TIUS, OR BISHOP ESTATES. I BELIEVE WE SHOULD ALL COOPERATE IN EXCHANGING SUCH INFORMATION FOR OUR MUTUAL BENEFIT AND THE PRESERVATION OF OUR CARRIER’S INTERESTS.’
“I request that you promptly report this claim to your insurance carrier, and ask that their authorized Claims Adjuster contact me as soon as possible for further information.”
Since I still have not been contacted by your insurance carrier, it appears that I have no choice at this time but to present more details of my claim directly to you. In an attempt to keep this letter as succinct as possible, however, I will concentrate on just two individuals involved in this case: Lyn Flannigan Anzai and Louanne Kam.
The following is quoted from my letter dated July 26, 2000, addressed to Kamehameha Schools former CEO, Dr. Hamilton McCubbin:
July 26, 2000
Dr. Hamilton McCubbin, CEO
567 South King Street, Suite 200
Honolulu, Hawaii 96813
RE: Kamehameha Schools and P&C Insurance Company, Inc. - Equity 2048
Dear Dr. McCubbin:
Thank you for the opportunity to meet with representatives of Morgan, Lewis & Bockius, LLP on this date. As I understand the major focus of your investigation to be the improper use of outside legal counsel, accounting firms and other third-parties, the following is a list of individuals and companies that, in my opinion, colluded to improperly transfer trust assets from the Kamehameha Schools and related companies:
Attorneys and Law Firms
Cades Schutte Fleming & Wright (Michael Hare)
Chee & Markham (Kevin Chee)
Devens Lo Nakano & Youth
Watanabe Ing & Kawashima (Douglas Ing and James Kawashima)
Goodsill Anderson Quinn & Stifel
Law Offices of Stanford Manuia (Stanford Manuia)
Torkildson Katz Jossem Fonseca Jaffe Moore & Heatherington
Carlsmith Ball Wichman Murray Case & Ichiki
Nathan Aipa, Louanne Kam, Lyn Anzai and Colleen Wong often directly engaged these firms to handle insurance claims without the required authorization of the insurance companies, including P&C.
Once the firms were engaged, these KSBE employees "controlled" and "managed" the claim directly with outside counsel, deliberately disregarding insurance company guidelines regarding the use and payment of these firms. Nathan Aipa, as principal executive of the Legal Group, had ultimate approval of all legal bills including P&C's.
Aipa would frequently pay these legal fees and costs from his General Counsel Account, without approval from the insurance companies. Often the amounts billed by the law firms exceeded allowable fees and costs provided in the insurance company guidelines. When, if ever, KSBE submitted the legal bills to the insurance company, many of the charges were disallowed. This practice led to the loss of millions of dollars that were never recovered from the insurance companies.
In the case of claims under P&C Insurance Company policies, Nathan Aipa, Louanne Kam or other KSBE attorneys directed that P&C pay the bills even though the outside firms flagrantly disregarded P&C's written guidelines.
These outside legal firms reported directly to in-house counsel, rather than to the insurance companies. In-house attorneys, including Aipa, often would not disclose critical information to the insurance carriers in these "sensitive" claims, resulting in further millions lost to the estate due to "non-cooperation".
This situation became particularly suspect and troublesome when these same KSBE employees handled claims in which they also had participated in the original financial transactions. They may have been potential witnesses-- even defendants-- in resultant lawsuits. These were extremely serious "conflict of interest" situations.
With P&C this became even more critical due to the obvious violation of "arms-length" principles, which potentially exposed the estate to unlimited losses beyond the actual insurance policy coverages and limits of liability.
During my years at KSBE, the following are just some cases in which KSBE and P&C funds were misused in the handling of insurance claims:
Robert Trent Jones Golf Club
McConnell vs. KSBE
From all public accounts and from my personal experience, these imprudent practices have continued – unhindered and unabated – from the time of my departure until the present, under both the ex-trustees and the interim trustees.
< END OF QUOTATION >
After Lyn Anzai left Kamehameha Schools, she was employed as the General Counsel for Hawaiian Airlines. The following is taken from www.the-catbird-seat.net/Paradise.htm:
April 4, 2002
Advocates Of Casinos Spent Big On Lobbying
Mainland investors who want to open two casinos on O'ahu spent more money touting their agenda before lawmakers at the start of this legislative session than any other group, state Ethics Commission records show.
Marketing Resource Group, of Lansing, Mich., reported spending $108,679 on lobbying through January and February, the period covered by lobbyist expenditure reports due at the commission yesterday....
Hawaiian Airlines reported spending $8,300 on lobbying during January and February. Hawaiian, which sought to merge with rival Aloha Airlines, had reported spending more than $140,000 on lobbying during the previous period.
But Hawaiian later said it had mistakenly inflated that figure by including payments for work other than lobbying. In an amended report, Hawaiian said it really spent only $8,250 on lobbying during the May-December period.
The company had initially reported paying more than $83,000 to lobbyist Lyn Anzai, wife of state Attorney General Earl Anzai, whose office was investigating whether the merger would be legal.
The amended report reflects no lobbyist payments between May and December to Lyn Anzai, who is also Hawaiian's general counsel. The report for January and February said Anzai was paid $2,043 for lobbying during that period.
< END OF QUOTATION >
What you DID NOT DISCLOSE to me, or to the American Arbitration Association, is the fact that your firm, Kessner Duca Umebayashi Bain & Matsunaga, serves as an outside attorney for Hawaiian Airlines.
To cite just a couple of examples for verification:
No. 25200 - In the Intermediate Court of Appeals of the State of Hawaii
ALVIN J. CORREA, Claimant-Appellee v. HAWAIIAN AIRLINES, INC., and KEMPER INSURANCE COMPANY, Employer/Insurance Carrier - Appellant
Clyde Umebayashi, James N. Duca, Muriel M. Taira (Kessner Duca Umebayashi Bain & Matsunaga) for employer/insurance carrier-appellant.
No. 25499 - In the Intermediate Court of Appeals of the State of Hawaii
URSULA M.O. FREITAS, Claimant-Appellant v. HAWAIIAN AIRLINES, INC. and KEMPER INSURANCE COMPANIES, Employer/Insurance Carrier-Appellee
Clyde Umebayashi and James N. Duca (Kessner Duca Umebayashi Bain & Matsunaga), for employer/insurance carrier-appellee....
Besides the fact that Lyn Anzai was Hawaiian Airlines General Counsel, I also believe that Kamehameha Schools owned substantial stock in Hawaiian Airlines and/or Aloha Airlines.
Louanne Kam, as you know, was the ONLY WITNESS called by you at the Arbitration Hearing – with Matt Tsukazaki of Torkildson Katz acting as her attorney.
In the best interests of all parties concerned with the final settlement of the subject case, including Trustee Mary Lou Woo, I would urge you again to report this claim to your professional liability insurance carrier for handling.
Or, if you and your firm, and other concerned parties such as Kamehameha Schools; P&C Insurance Company; Torkildson Katz Fonseca Jaffe Moore & Heatherington; Marr Hipp Jones & Pepper; Susan Tius; Jeffrey Sia; Bradley Tamm; Mary Lou Woo, etc., would rather attempt to negotiate a global, out-of-court settlement of all these separate claims (which can be found on the internet at www.the-catbird-seat.net/Claims-By-Harmon.htm), then I would be willing to consider this approach.
In the end, I believe this would be the fastest, least disruptive, and most cost-effective method of bringing this case to absolute, FINAL closure.
Very truly yours,
Bobby N. Harmon
cc: Mary Lou Woo, c/o Steven Guttman (via fax @ 808-529-7177)
James B. Farris, Senior Case Manager, American Arbitration Association
VIA fax only @ 559-490-1919
Robert Kihune, Douglas Ing, Constance Lau, Diane Plotts, Nainoa Thompson, Trustees of Kamehameha Schools (via fax @ 808-523-6313)
Dee Jay Mailer, CEO, Kamehameha Schools (via fax @ 808-523-6313)
P&C Insurance Co., Inc. (via fax @ 808-523-6313)
Susan Tius, Esq., c/o Rush Moore Craven Sutton Morry & Beh
(via fax @ 808-521-0597)
Kenneth Hipp, Esq., Marr Hipp Jones & Pepper
(via fax @ 808-536-6700)
Jeffrey H.K. Sia, Esq., Ayabe Chong Nishimoto Sia & Nakamura
(via fax @ 808-526-3491)
Robert S. Tameler, ALPS, Claims Administrator for Bradley Tamm and
(via fax @ 406-728-7416)
Lori Chung, Aon Insurance Managers (via fax @ 808-540-4301)
Casimer Fidele, Tradewind Insurance Company (via fax @ 808-521-7489)
Hugh Jones, Deputy Attorney General (via fax @ 808-586-1477)
J.P. Schmidt, Hawaii Insurance Commissioner (via fax @ 808-586-2806)
Janet Hughes, Internal Revenue Service (via fax @ 303-844-3596)
Billy Beaver, Pension & Welfare Benefit Admin. (via fax @ 626-229-1098)
Ralph F. Boyd, Jr., U.S. Dept. of Justice (via fax @ 202-514-1116)
PricewaterhouseCoopers, c/o Warren Price III, Esq. (via fax @ 808-533-0549)
Marsh & McLennan, Honolulu Office (via fax @ 808-585-3510)
Terry Mullen, CEO/Pres., John Mullen & Co. (via fax @ 808-531-0053)
Lyn Flanigan Anzai, Hawaii State Bar Association (via e-mail: email@example.com)
~ ~ ~
Judge Artemio C. Baxa
A Man of Hope and Inspiration
Role Model for the Youth of Today
Born and raised in a small farming village in Teppang, Bacarra, Ilocos Norte, Philippines and immigrated to Hawaii in 1967, Artemio Baxa made history as the first naturalized American of Filipino ancestry to become a judge of the 2nd Circuit Court, State of Hawaii.
Artemio is the elder of two brothers born to Juan Eda Baxa and the late Maria Constantino Baxa. He graduated from Parang Elementary School and Bacarra Provincial High School, both in Bacarra, Ilocos Norte. He studied pre-law at the University of Sto. Tomas and later obtained his Bachelor of Law Degree in 1960.
That year, he passed the Philippine Bar Exam and was licensed to practice law and worked with the late Vicente Francisco, one of the most respected lawyers in the Philippines. Later in the United States, he obtained a Master's degree in Comparative Law from the University of Chicago in 1964.
When Artemio and Arnold joined their father in Hawaii in the late 1960's, they lived in an old plantation home in Camp I Spreckelsville and later in Alabama Village in Puunene. Artemio recalls his first job experiences. Even though he had a law degree, he could not find the least job commensurate to his educational background. He ended up taking low-paying jobs such as bellhop at the then Wailuku Hotel, a community aide at Maui Economic Opportunity, Inc., and even working at some other odd jobs like clearing a lot with weeds and debris. However, at that time when he was a graduate student at the University of Chicago Law School, he was invited by the Women's Bar Association of the State of Illinois at its convention to share his impressions of America and its people. He told them that he was impressed with America and how its Peace Corps Volunteers were promoting goodwill and understanding in the Philippines. So strong was his belief in the greatness of America that he considered his present predicament then in Hawaii a temporary setback.
In 1973, Artemio married the former Lucina Ramil Cacal, who was a school teacher in the Philippines.
Working hard, they earned enough money to buy a house in Kahului. His wife had so much faith in him and his capabilities. She encouraged him to return to law school. So they sold their home and Artemio entered William S. Richardson Law School at the University of Hawaii in September 1975. A month before that, Lucina gave birth to the couple's only son, Artemio C. Baxa II, who is now pursuing his law studies.
Three years later, Artemio received his juris doctorate and on that year, he was licensed to practice law by the Hawaii Supreme Court. He served in the Maui County Departments of Corporation Counsel and Human Concerns in 1978-1979. Then he joined the Department of Prosecuting Attorney until 1991. He was selected Maui County Employee of the Year in 1988. Then he joined the law firm of Lowenthal and August and engaged in private practice for about five years.
After being president of the Maui County Bar Association, he was also a Per Diem District Court Judge from April to November 1995. And soon after, Prosecuting Attorney Richard Bisen hired him back into the Department of Prosecuting Attorney. Then in April 1998, Artemio was selected from a list of six candidates sent to Gov. Ben Cayetano by the Judicial Selection Commission to become a 2nd Circuit Court Judge succeeding then retiring Judge E. John McConnell. Artemio's nomination was approved by the Senate by a unanimous vote. The Maui County Bar Association and the Hawaii State Bar Association (HSBA) members voted him their highest rating of "highly qualified" to be a judge.
James Kawachika, then HSBA president, described Baxa as an extremely hard
worker, very diligent and humble, honest, considerate and respectful to
everyone he meets.
For his involvement especially in the Filipino community, and for his achievement in the legal field, Baxa was honored to receive the "Gintong Pamana" Leadership/Achievement Award given by the Filipino Chamber of Commerce Maui in July 1999. Also, he received the "Progress Award in Law" from the United Filipino Council of Hawaii.
He considered one of his most rewarding and satisfying moments was the report that he prepared while pursuing planning studies at the University of Hawaii School of Urban and Regional Planning under a two-year study grants for minorities sponsored by the United States Department of Housing and Urban Development (HUD), in cooperation with the Department of Planning and Economic Development, State of Hawaii and the Department o Planning, County of Maui, entitled "A Report on Filipino Immigration and Social Challenges in Maui County, 1973." It became a model for implementing the Maui County Immigrant Services Program. That program was initiated under the administration of former Mayor Cravalho. And Baxa was the first employee to be hired under the initial program.
Judge Baxa claims that there are two important persons in his life who are responsible for where he is right now. His father, who provided all his financial needs when he went to school in the Philippines and his late wife who inspired and gave him moral support when he went back to law school.
With his current position, Judge Baxa has encountered a lot of cases concerning youth. He shares his sentiments and gives pieces of advice for the youth. He also encourages parents to play an active role in nurturing the youth.
Filipinos in general have a high regard for Judge Baxa. Nita Ugalino, office manager of Napili Sunset describes him as humble, compassionate and very accommodating. And Dr. John Wayne Enriques, a former Maui County Council member, holds him in high esteem and considers Judge Baxa's accomplishments as outstanding. Richard Caldito Sr. Board Director of the Filipino Chamber of Commerce in Maui describes him as a role model for the youth. Rick Nava, an accountant for Media Systems in Lahaina, has a very high respect for Judge Baxa for he is not ashamed of his beginnings and was able to achieve what he wanted in life through hard work and perseverance.
Also from among his peers in the legal profession, Judge Baxa has a good reputation. Arlene Y. Watanabe, Deputy Prosecuting Attorney in the County of Maui says Judge Baxa was always the most gracious and caring individual in the prosecution office when he was still the Deputy Prosecuting Attorney. She sees him as a very fair man and a hard worker, has a great deal of integrity and so diligent about his work.
And James Kawashima of the Judicial Selection Commission adds that he is one of the most humble, self-effacing individual you will ever meet. And that he is not the typical lawyer who is flashy and egotistical.
Judge Baxa shares his thought on some issues concerning society. He strongly believes that education is the greatest equalizer in life especially for immigrants whether they are Filipinos or of another ethnicity. On the other hand, he acknowledges that for many new immigrants, the primary concern is getting a job not only for their survival but also for those they left behind. But he advises that whenever possible, they should get further training and education.
Speaking from his heart and soul, Judge Baxa shares his visions for Filipinos by
borrowing and paraphrasing from Dr. Martin Luther King, Jr." I would like to see
the day when every member of the Filipino community would be able to see
himself as one who belongs to the community at large: one who is not different
from any other. I look to the day when every Filipino will be able to stand
shoulder-to-shoulder with anyone. To the day, when he believes that in terms of
intelligence and moral force, he is as tall and strong as any other can be,
and that he is entitled to less than the rights that are due to every citizen of this country.
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James Kawashima is expected to testify regarding his business, professional, political and personal relationships with Gordon Tanioka, Gerald Tanioka, American Mutual Underwriters, Ltd., William S. Richardson, Douglas Ing, Jeff Watanabe, Central Pacific Bank, George Ariyoshi, John Waihee, Ben Cayetano, Sidney Ayabe, Larry Mehau, Ron Rewald, Sukamto Sia, Kamehameha Schools, Guido Giacometti, Susan Tius, Ed Case, Dan Case, Steve Case, Jeffrey Case, Suzanne Case, Matsuo Takabuki, Colbert Matsumoto, Michael Tanoue, Roy Hughes, Gary Rodrigues, Judge Artemo C. Baxa, John Marshall, Linda Lingle, Bob Awana, Judith Neustadter Fuqua, James Nicholson, David C. Farmer, Steven Guttman, Charles Hurd, Judge David Ezra, Judge Kevin Chang, Judge Lloyd King, Judge Robert Faris, Judge Barry Kurren, Judge Eden Elizabeth Hifo (fka Bambi Weil), Judge Rey Graulty, Judge James Duffy, Colleen Wong, Nathan Aipa, Dirk von Guenthner, Hawaiian Electric Industries, Constance Lau, Diane Plotts, Robert Kihune, Barack Obama, and other entities to be named upon discovery.
Originally posted: July 1, 2005
Last updated: November 24, 2008