SCHMIDT v. PACIFIC BENEFIT SERVICES, INC.

No. 25755.

150 P.3d 810 (2006)

J.P. SCHMIDT, in his capacity as Liquidator and Trustee of the Pacific Group Medical Association Liquidating Trust, Plaintiff-Appellee, v. PACIFIC BENEFIT SERVICES, INC., Defendant-Appellant, and Henry Akiu, Jr.; Randolph Ko; Bryon Graves, Jr.; Edwin Ramos; William A. Williams (also known as William O. Williams or Billy Williams); Richard Stiles; Mark Hopkins; Harold Y. Kuwahara; Juan Martin Gonzales; Mike Cleare; Watson Wyatt & Company; Wikoff Combs & Co., CPA's; Four Winds RSK, Inc.; Auli`i, Inc.; Toral-Vahey & Associates; Bridgeport Benefits, Inc., a foreign corporation; Nevada Equity & Growth Management, a foreign corporation; PGMA, Inc., a Hawaii corporation; Wayne Blasman; Doug Rolefson; Terry Conlan; Lee Ann Kim; Donald Wakeman; James R. Lindsey; John Does 1-50; Jane Does 1-50; Doe Corporations 1-50; Doe Partnerships 1-50, and Doe Entities 1-50, Defendants. and Henry Akiu, Jr. and Edwin Ramos, Third-Party Plaintiffs, v. Pacific Benefits Services, Inc., a Hawai`i corporation, Third-Party Defendant-Appellant, and Peter Po Sing Wong; Susan Wong; Ling Fong Wong; George Mingo; Brenda Mingo; Pacific Equity Growth & Management, Inc., a Hawai`i corporation; Pacific Equity Factors, Inc., a Hawai`i corporation; Pacific Employee Leasing, Inc., a Hawai`i corporation; Hawai`i Dental Plan, Inc., a Hawai`i corporation; P.S. Wong, Ltd., a Hawai`i corporation; Po Sang Corp., a foreign corporation; Nishihama & Kishida, CPA'S, Inc., a Hawai`i corporation; John J. D'Amato; D'Amato & Maloney, a Hawai`i law partnership; John Does 1-10; Jane Does 1-10; and Doe Corporations 1-10, Third-Party Defendants. J.P. Schmidt, in his capacity as Liquidator and Trustee of the Pacific Group Medical Association Liquidating Trust, Plaintiff-Appellee, v. Pacific Benefit Services, Inc., Defendant-Appellant, and Peter Po Sing Wong; Watson Wyatt Worldwide; Watson Wyatt & Company; The Wyatt Company; Wikoff Combs & Co. CPA's, Inc.; Nishihama & Kishida, CPA's, Inc., a Hawai`i corporation; Pacific Equity Growth & Management, Inc., a Hawai`i corporation; Po Sang Corp., a foreign corporation; Hawaii Dental Health Plan, Inc. (also known as Hawai`i Dental Plan, Inc.), a Hawai`i corporation; Four Winds Rsk, Inc., a Hawai`i corporation; Toral-Vahey & Associates; Wayne Blasman; Doug Rolefson; Bridgeport Benefits, Inc., a foreign corporation; Nevada Equity & Growth Management, a foreign corporation; Susan Wong; Ling Fong Wong; P.S. Wong, Ltd., a Hawai`i corporation; Pacific Employee Leasing, Inc., a Hawai`i corporation; Pacific Equity Factors, Inc., a Hawai`i corporation; PGMA, Inc., a Hawai`i corporation; PGMA Dental, a Hawai`i corporation; Terry Conlan; Lee Ann Kim; Donald Wakeman; James R. Lindsey; John Does 1-50; Jane Does 1-50; Doe Corporations 1-50; Doe Partnerships 1-50, and Doe Entities 1-50, Defendants.

Supreme Court of Hawaii.

Reconsideration Denied July 6, 2006.

As Corrected July 6, 2006.


Attorney(s) appearing for the Case

Charles S. Lotsof, Honolulu, on the briefs, for defendant-appellant Pacific Benefit Services, Inc.

Clifford K. Higa, Wendell J. Fuji, Lanson K. Kupau, and Duane C. Seabolt, Honolulu, (of Kobayashi, Sugita & Goda), on the briefs, for plaintiff-appellee J.P. Schmidt, in his capacity as Liquidator and Trustee of the PGMA Liquidating Trust.

MOON, C.J., LEVINSON, NAKAYAMA, AND ACOBA, JJ.; CIRCUIT JUDGE AUGUST, ASSIGNED BY REASON OF VACANCY.


Opinion of the Court by MOON, C.J.

The instant appeal involves an arbitration award issued on November 25, 2002 (Award) in favor of plaintiff-appellee J.P. Schmidt, in his capacity as Liquidator and Trustee of the Pacific Group Medical Association Liquidating Trust1 [hereinafter, Schmidt] and against defendant-appellant Pacific Benefit Services (PBS). PBS appeals from the Circuit Court of the First Circuit's2

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