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  HEADLINES
  Foster Care Proposed Settlement
 

A proposed settlement in the class action lawsuit Sheehey v. State of Hawaii (Civ. No. 14-1-1709-08 VLC) has been approved by the court. The proposed settlement resolves a lawsuit over how much the State of Hawaii has paid in the past for basic board payments for foster care, permanency assistance, adoption assistance, and higher education payments by establishing a $2.3 million fund that will be used in part to make payments to persons who were resource caregivers (foster parents), legal guardians/permanent custodians, adoptive parents of children with special needs, and former foster youth who received higher education payments between July 1, 2013 and June 30, 2014. Other people are affected by this settlement but will not receive payments from the $2.3 million fund.

Read more about the Foster Care classaction here.

   
   
  Former Special Education Students Entitled to Additional, Free Educational Services
 

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 E.R.K. v. Department of Education here.

   
 

Substitute Teachers Class Action - Hawaii Supreme Court reverses lower court decision ending litigation for substitute and part-time employee back pay

On June 28, 2017, the Hawaii Supreme Court ruled to reverse the lower court decision that had awarded back-pay to substitute and part-time DOE employees. We are heartsick at the Hawai`i Supreme Court's decision. The only good news is that it does not affect the past award. The bad news is that this court is the final authority and there is essentially no chance that the court will change its ruling. We are sorry. We spent 15 years fighting for justice for substitutes and part-time teachers, and it appears that we have reached a dead end. 
 

link to the Hawaii Supreme Court decision

   
 

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.