Legal Notice of Settlement

If you (personally or on behalf of an estate) resolved an asbestos-related personal injury or wrongful death claim in Hawaii against Combustion Engineering, you could get money from a class action settlement.

A class action settlement has been proposed in lawsuits about Arter & Hadden, LLP’s alleged conduct in connection with the resolution of asbestos-related personal injury or wrongful death claims in Hawaii against Combustion Engineering.  The settlement will provide $12 million to pay claims of asbestos-related personal injury and wrongful death plaintiffs who resolved their claims against Combustion Engineering in Hawaii prior to January 1, 2001.  If you qualify, you may send in a claim form to get benefits, or you can exclude yourself from the settlement, or object to it.

The Circuit Court for the First Circuit in Honolulu, Hawaii authorized this notice.  Before any money is paid, the Court will have a hearing to decide whether to approve the settlement.

Who’s Included?

You may be a class member if you — personally or on behalf of an estate — were represented by Gary O. Galiher and/or Galiher DeRobertis Waxman (or any of its predecessors in interest) or by Gerald C. Sterns and/or Sterns & Ingram (or any of its predecessors in interest) with respect to asbestos-related personal injury or wrongful death claims that were asserted in Hawaii state or federal court against any defendant, and one of those claims that you resolved was against Combustion Engineering.  Your claim against Combustion Engineering had to have been resolved prior to January 1, 2001.

What’s This About?

The lawsuits claim that Arter & Hadden, LLP engaged in litigation misconduct in connection with the resolution of class members’ claims against Combustion Engineering in Hawaii prior to January 1, 2001, and that, as a result of this claimed litigation misconduct the class members have been injured.  Arter & Hadden, LLP denies that it did anything wrong.  The Court has not decided which side is right.  But both sides have agreed to the settlement to resolve the claims against Arter & Hadden, LLP and get benefits to the class members.  The two sides disagree on how much money could have been won if the class members had won at trial, or if the class members would have won at a trial at all.

What Does the Settlement Provide?

Arter & Hadden, LLP, through a payment from its insurers, has agreed to create a fund of $12 million to be divided among all class members who send in valid claim forms.  A Settlement Agreement, available at the website below, describes all of the details about the proposed settlement.

A class member’s share of the $12 million will depend on the number of valid claim forms that class members send in and on the type of asbestos-related disease that they had when they resolved their claim against Combustion Engineering.  The costs of providing the notice to the class members, the costs of administering the settlement, and, to the extent sought by settlement counsel, any attorneys’ class counsel fees and costs awarded by the Court to settlement counsel will also be paid out of this $12 million.  All of the $12 million will be paid out.

How Do You Ask for a Payment?

A detailed notice and claim form package contains everything you need.  Just call or visit the website below to get one.  To qualify for a payment, you must send in a claim form by the deadline.  The deadline to send in a claim form is July 29, 2019.

What Are Your Other Options?

If you don’t want to be legally bound by the settlement, you must exclude yourself by July 29, 2019, or you won’t be able to sue, or continue to sue, Arter & Hadden, LLP about the legal claims in these lawsuits.  If you exclude yourself, you can’t get money from this settlement.  If you stay in the settlement, you may object to it by August 12, 2019.  The detailed notice explains how to exclude yourself or object.

The Court will hold a hearing in these lawsuits (Hayata, et al. v. Arter & Hadden, LLP, et al., Civ. No. 02-1-2889-12 (JHA), and Lau, et al. v. Arter & Hadden, LLP, et al., Civ. No. 02-1-2890-12 (JHA)) on October 4, 2019, to consider whether to approve the settlement, as well as whether to approve any request by settlement counsel for class counsel attorneys’ fees of up to 33 1/3% of the settlement amount, plus reimbursement of attorneys’ costs.  These attorneys’ fees and costs would be for investigating the facts, litigating the case, and negotiating the settlement.  You may ask to appear at the hearing, but don’t have to. 

Contact Us

For more information, call toll-free 888-597-1441, or e-mail AHSettlement@GaliherLaw.com

Court Documents

Download Court Documents

  • Short form notice
  • Long form notice
  • Claim submission instructions
  • Hawaii Actions Settlement claim form
  • Third Amended Complaint (2017-07-03)
  • Third Amended Complaint (2017-07-11)
  • Preliminary approval order