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  HEADLINES
   
  Compensatory Education ordered in ERK vs. Dept. of Education
 

HONOLULU - This lawsuit challenged Act 163, a Hawai`i law passed in 2010. Act 163 barred students from attending public school if they were at least twenty years old on the first day of school. The plaintiffs, special education students who were adversely affected by the law and the Hawai`i Disability Rights Center, filed suit on July 27, 2010, a few weeks after the law became effective. In August 2013, the Ninth Circuit ruled that this double standard violated the Individuals with Disabilities Education Act (IDEA), which requires that states provide a “free appropriate public education” to all children with disabilities residing in the state who are under age 22. On August 22, 2014, the court ruled that these individuals are entitled to free services from the DOE called “compensatory education.”

Read more about this class action here.

   
 

NOTICE OF PENDENCY of CLASS ACTION in KAWASHIMA CLASS ACTION

 

HONOLULU - On June 10, 2014 the Notice of Pendency of Class Action was filed in the First Circuit Court, State of Hawaii, in the class action lawsuit known as Dianne Kawashima v. State of Hawaii, Department of Education, et. al., Civil No. 06-1-0244-02 (ECN). This class action was filed on behalf of all part time teachers and part time employees who were employed by the State of Hawaii Dept. of Education from February 10, 2004 to June 14, 2012 to recover back wages because the DOE allegedly failed to pay the class members the correct hourly rate of pay.

Read more about this class action here.

Below are links to documents related to this class action:

   
 

Substitute Teachers Class Action - Court grants Plaintiffs' Motion for Final Approval of Settlement, which provides for the resolution and payment of the class members' per diem wage claims totaling over $14 million.

On November 15, 2013, the Court granted Plaintiffs' Motion for Final Approval of the Partial Settlement Agreement, which provides for the resolution and payment of the class members' per diem wage claims totaling over $14 million.  At the hearing, the Court also granted Plaintiffs' (1) Motion for Award of Attorney's Fees and Reimbursement of Expenses under the Common Benefit Doctrine and (2) Motion for Class Representative Incentive Awards from the Common Benefit, therefore, allowing the approved amounts of the attorneys' fees and costs and the class representatives' stipends to be deducted from the common benefit fund before the individual payments are issued to the class members. 
 

link to the Amended Class Notice
link to chart of partial settlement amounts
link to Motion for Award of Attorney's Fees and Reimbursement of Expenses
link to Motion for Class Representative Incentive Awards from the Common Benefit Fund
link to Second Amended Order Granting Plaintiffs' Motion for Preliminary Approval of Settlement

link to Order Granting Motion to Approve Amended Settlement Agreement

   
 

KUHIO PARK TERRACE - PLAINTIFFS' MOTION FOR AN AWARD OF ATTORNEYS' FEES AND COSTS

 

link to the information

   
  Motion for final approval granted in Jack Hall class action settlement
Cruz v. Waipahu Jack Hall Memorial Housing Corporation, and Bob Tanaka, Inc
  On December 4, 2013 Circuit Court Judge Nacino granted the motion for final approval of the class action settlement, in which low income residents of the Jack Hall housing project filed suit for breach of contract over compliance with utility allowances, claiming that over 250 individuals and families were overcharged by more than $1 million since 2003. Proposed final judgment is pending; estimated to be in the high six figures. Gavin Thornton of Hawaii Appleseed Center for Law and Economic Justice, which AHFI partnered with, said it is the highest per capita recovery they have obtained in this type of case.
   
   
   
   
 
 

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HawaiiClassAction.com is provided as a service by Alston Hunt Floyd & Ing, Attorneys at Law, to interested parties for lawsuits the firm is involved in that have been classified or are being considered for certification as class actions. In general terms a "class action" can be defined as a "lawsuit brought by one or more plaintiffs on behalf of a large group of others who have a common interest." (The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2004, 2000 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.) Please read the disclaimer regarding information on this web site.

Alston Hunt Floyd & Ing has handled a number of class action lawsuits including Felix v Cayetano, which resulted in the Felix Consent Decree, affirming the rights of special education students in the Hawai'i public school system. Please refer to our list of representative cases.