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MATSUURA v. E.I. DU PONT DE NEMOURS AND CO.

No. 24355.

73 P.3d 687 (2003)

102 Hawai`i 149

David MATSUURA, Individually and dba Orchid Isle Nursery, and Stephen Matsuura, Individually and dba Hawaiian Dendrobium Farm, Plaintiffs-Appellees, v. E.I. DU PONT DE NEMOURS AND COMPANY, Defendant-Appellant.

Supreme Court of Hawai`i.

July 29, 2003.

Attorney(s) appearing for the Case

Warren Price, III (Kenneth T. Okamoto, Terence S. Yamamoto, Robert A. Marks, with him on the briefs), of Price Okamoto Himeno & Lum, Honolulu; and A. Stephens Clay, James F. Bogan, III, and C. Allen Garrett, Jr. (also on the briefs), of Kilpatrick Stockton LLP, Atlanta, GA, pro hac vice, for defendant-appellant E.I. duPont de Nemours and Company.

Stephen T. Cox (San Francisco, CA), pro hac vice; (Carl H. Osaki; Kris A. LaGuire; and A. Camden Lewis (Columbia, SC), with him on the brief), for plaintiffs-appellants David and Stephen Matsuura.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., ACOBA, J., concurring and dissenting, separately.

Opinion of the Court by MOON, C.J.

The United States District Court for the District of Hawai`i (U.S. district court), the Honorable David Alan Ezra presiding, certified the following questions of Hawai`i law to this court, pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 13 (2001):2

1. Under Hawai`i law, is a party immune from liability for civil damages based on that party's misconduct, including fraud, engaged in...

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