(Lahaina, HI) – Parties involved in the legal proceedings concerning the Lahaina wildfire disaster could be facing their first trial date as soon as Nov. 18, 2024, under the jurisdiction of Judge Peter Cahill. The setting of this date occurred during a recent status conference attended by a multitude of attorneys representing various interests within the case.
During the conference, Judge Cahill convened with attorneys to discuss the potential appointment of mediators to aid in exploring settlement options, managing discovery and administrative matters, scheduling trial dates, and addressing logistical concerns arising from the multitude of claims.
Earlier this year, the court had already scheduled trials for seven Upcountry fire cases to commence on Sept. 9, 2024. “It’s commendable to see such prompt trial setting by the court compared to other fire-related cases nationwide,” remarked Jon Givens, an attorney specializing in fire loss cases. Givens, in collaboration with Maui attorney Jan K. Apo, is representing survivors of the Lahaina wildfire. The proposed trial dates for the Lahaina fires span November 2024 and February 2025, with consideration given to avoiding major holidays. The court deliberated on the procedure and criteria for selecting cases to proceed to trial on these designated dates.
Representatives for Hawaiian Electric Company, the County of Maui, and the state were among those who presented strategies for managing the extensive volume of material in an efficient manner.
Suggestions included consolidating cases involving property damage, wrongful death, and business interruption into cohesive trial groups to facilitate comprehensive expert testimony. Another proposal aimed at maintaining consistency in liability across trial groups rather than adopting a mix-and-match approach. This discussion follows a federal judge’s decision to remand the cases back to state court on Maui for adjudication before Maui judges and juries.
The substantial number of civil cases awaiting scheduling and the growing list of plaintiffs, surpassing 1,000, are stretching the court’s resources. Additionally, considerations were made regarding the impact on jurors, including the time commitment involved and the size of the jury pool necessary to ensure adequate coverage. Notable upcoming dates include April 25, 2024, for the disclosure of insurance policies, and May 31, 2024, for the disclosure of known or potential liens on properties under scrutiny in the case.
