County Council adopts resolution authorizing ‘global settlement’ of wildfire lawsuits

Maui County Council members unanimously approved today a resolution authorizing a global settlement of all wildfire litigation filed against the county for wrongful deaths, injuries and property damage stemming from the Aug. 8 wildfires in Lahaina and Upcountry.

West Maui Council Member Tamara Paltin said her greatest hope is that by voting in favor of a global settlement, it “brings closure and comfort to the victims of the fire.”

Kahului Council Member Tasha Kama said the the global settlement, combined with County support for one-year fire commemoration events, support the thought that “we can truly become a healed community.”

The Maui wildfires killed 102 people in Lahaina, destroyed more than 2,000 structures there, and displaced thousands of residents. A separate fire burned 19 homes Upcountry.

According to a Council resolution, approximately 451 wildfire lawsuits involving more than 2,000 people with a variety of claims have been filed against Maui County in US District Court and Hawaiʻi State Circuit courts as of July 8. The litigants will try to reach a global resolution of the wildfire damage claims, including crossclaims and counterclaims.

The Council’s approval today of the global settlement allows plaintiffs to be treated as a class of litigants and have their claims addressed by a court-appointed master, instead of having individual cases litigated one-by-one in court.

Part of the goal of such a settlement is for the County, plaintiffs and others “to avoid incurring expenses and the uncertainty of judicial determination of the parties’ respective rights and liabilities.”

During a status conference in April, attorneys met to discuss litigation, including against Hawaiian Electric Co., and it was thought at the time that the first trial date could be as early as Nov. 18 before Judge Peter Cahill.

With the global settlement, the Department of the Corporation Counsel will have the authority to settle wildfire litigation cases before the Council’s Government Relations, Ethics and Transparency Committee. The resolution also authorizes the mayor to execute a global release and settlement agreement on behalf of the County in the wildfire litigation, under terms and conditions as may be imposed by the Corporation Counsel consistent with the Council’s settlement approval.

The resolution requires Corporation Counsel to submit semi-annual reports to the Council identifying any future cases settled under the authority granted by the resolution.