HAWAII MED. ASS'N v. HAWAII MED. SERVICE

Nos. 25923, 25924.

148 P.3d 1179 (2006)

HAWAII MEDICAL ASSOCIATION, Plaintiff-Appellant, v. HAWAII MEDICAL SERVICE ASSOCIATION, INC., Defendant-Appellee. Maxwell Cooper, M.D., and Michon Morita, M.D., on behalf of themselves and all others similarly situation, Plaintiffs-Appellants, v. Hawaii Medical Service Association, Inc., Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied October 25, 2006.


Attorney(s) appearing for the Case

Warren Price, III and Rick J. Eichor (of Price Okamoto Himeno & Lum); Robert F. Miller, Honolulu; and Pamela M. Parker, pro hac vice (of Lerach Coughlin Stoia Geller Rudman & Robbins, San Diego); Edith M. Kallas and Joseph P. Guglielmo, pro hac vice (of Milberg Weiss Bershad Hynes & Lerach, New York), on the briefs, for plaintiff-appellant in appeal No. 25923 and for plaintiffs-appellants in appeal No. 25924.

Ellen Godbey Carson and Paul Alston (of Alston Hunt Floyd & Ing), Honolulu, and Robert Carson Godbey and Jess H. Griffiths (of Godbey Griffiths Reis), Honolulu, on the briefs, for defendant-appellee in appeal Nos. 25923 & 25924 Nos. 25923 & 25924.

MOON, C.J., LEVINSON, J., and Circuit Judge BLONDIN, in place of DUFFY, J.; recused; ACOBA, J., concurring and dissenting separately, with whom NAKAYAMA, J., joins.


Opinion of the Court by MOON, C.J.

Inasmuch as appeal Nos. 25923 and 25924 present identical relevant facts and similar legal issues, we consolidated these appeals for purposes of disposition, pursuant to Hawai`i Rules of Appellate Procedure (HRAP) Rule 3(b) (2004).1 Central to both appeals are the interpretation of an arbitration agreement and whether the plaintiffs in both actions have stated claims of unfair methods of competition,...

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