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CHUN v. BD. OF TRUSTEES OF E.R.S.

No. 22012.

992 P.2d 127 (2000)

92 Hawai`i 432

Michael A.S. CHUN, Gladys Farm, Herbert T. Imanaka, Jimmy T. Izu, Samuel Y. Kakazu, Billy G. Southwood, Eishin Tengan, and Thomas Y. Yano, Appellants-Appellants, v. BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF the STATE OF HAWAI`I; and Administrator of the Employees' Retirement System of the State of Hawai`i, Appellees-Appellees Valerie Yamada Southwood and Barbara Jane Luke, Appellants-Appellants, v. Board of Trustees of the Employees' Retirement System of the State of Hawai`i; and Administrator of the Employees' Retirement System of the State of Hawai`i, Appellees-Appellees

Supreme Court of Hawai`i.

February 2, 2000.

Attorney(s) appearing for the Case

Charles K.Y. Khim for the appellants-appellants Michael A.S. Chun, et al. and Valerie Yamada Southwood, et al.

Mark J. Bennett (of McCorriston Miho Miller Mukai) for the appellees-appellees Board of Trustees of the Employees' Retirement System of the State of Hawaii and Employees' Associate Justice Retirement System of the State of Hawaii.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, JJ., and Circuit Court Judge CRANDALL, in place of KLEIN, J., recused.

Opinion of the Court by LEVINSON, J.

In the present appeal, we are asked to reconsider Montalvo v. Chang, 64 Haw. 345, 641 P.2d 1321 (1982). In Montalvo, we adopted the "lodestar" method of awarding attorney's fees to plaintiffs' counsel in class action litigation where the recovery has resulted in the creation of a common fund from which the attorney's fees are drawn.1 Montalvo, 64...

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