RECENT SUCCESSES
CASES
CHUNG FAMILY INVESTMENTS, LLC V. T GROUP CAPITAL, LLC, ET AL., CIVIL NO. 12-1-052K
WILLIAM E. ALLEN, ET AL. V. T. GROUP CAPITAL, LLC, ET AL., CIVIL NO. 12-1-051K
In these two cases that were consolidated for trial and arbitration purposes, the Plaintiffs filed claims against multiple parties, including the Firm’s client, the seller of two undeveloped parcels located within a master-planned luxury project in Kailua-Kona known as “Hokuli`a.” Plaintiffs filed Complaints seeking collective damages in excess of $3,000,000.00 with claims involving intentional and negligent misrepresentation, unfair and deceptive trade practices, fraudulent concealment, Interstate Land Sales Full Disclosure Act, Hawaii Uniform Land Sales Practices Act, and failure to disclose relating to the sale of the two parcels. These factually and procedurally complex multimillion-dollar cases encompassed Circuit Court litigation, mediation, and arbitration. On behalf of the seller, the firm filed two successful motions for summary judgment that resulted in the complete dismissal of all claims asserted against the sellers in the two consolidated arbitration proceedings.
YOUNG HUI KIM, ET AL. V. DANE S. FIELD, CHAPTER 7 TRUSTEE AND JULIA RIIHIMAKI, CASE NO. 14-01353 (CH. 7)
In the Federal Bankruptcy Court trial case, the firm received a successful bench verdict upholding the validity of a substantial settlement agreement between the opposing parties and our client Julia Riihimaki that opposing parties attempted to repudiate. The favorable Federal Bankruptcy court verdict was upheld by the Bankruptcy Appellate Panel for the Ninth Circuit. The firm also was able to secure a substantial award of fees and costs against the opposing parties.
PAUL BLACKMAN AS ATTORNEY-IN-FACT AND ON BEHALF OF NANCY BLACKMAN V. STATE OF HAWAII, DEPARTMENT OF HUMAN SERVICES, CIVIL NO. 17-1-0852-05 RAN
In an appeal from an adverse State of Hawaii Department of Human Services agency hearing officer decision regarding the Medicaid eligibility of a Medicaid applicant, the firm successfully overturned the adverse decision on appeal. In the appellate oral argument, the firm successfully argued that home properties properly placed in trust and beyond the control of a Medicaid applicant are not a countable asset for the purpose of Medicaid eligibility. Client Nancy Blackman had her Medicaid long-term benefits restored while preserving the home property for the benefit of her children.
DEPARTMENT OF HUMAN SERVICES V. C.Y.H., CIVIL NO. 18-1-0467-03 KKH
In a case also concerning assets placed in trust and Medicaid eligibility, the firm successfully defended a Department of Human Services hearing officer decision restoring the long-term Medicaid benefits to a Medicaid applicant on appeal against the State of Hawaii. Similar to the Blackman case, in appellate argument, the firm successfully argued on behalf of a Medicaid applicant that properly placing a home property in trust does not affect Medicaid eligibility.
