KAHALA ROYAL v. GOODSILL ANDERSON QUINN

Nos. 26669, 26670.

151 P.3d 732 (2007)

KAHALA ROYAL CORPORATION, Plaintiff-Appellant, v. GOODSILL ANDERSON QUINN & STIFEL, a Limited Liability Law Partnership, LLP; Jones, Day, Reavis & Pogue, a Foreign Law Partnership, and Alan E. Friedman, Defendants-Appellees; and John and Jane Does 1-20; Doe Business Entities 1-10; and Doe Governmental Entities 1-10, Defendants. Kahala Hotels Associates Limited Partnership, Plaintiff-Appellant, v. Goodsill Anderson Quinn & Stifel, a Limited Liability Law Partnership, LLP; Jones Day, a Foreign Law Partnership; Alan E. Friedman; Wolfgang Hultner; and John Witt, Defendants-Appellees, and John Does 1-20, Doe Business Entities 1-10; and Doe Governmental Entities 1-10, Defendants, and Kahala Royal Corporation, Party in Interest-Appellant.

Supreme Court of Hawai`i.

January 11, 2007.


Attorney(s) appearing for the Case

Matthew J. Viola, Honolulu, On the briefs, for plaintiff-appellant, Kahala Royal Corporation.

Susan M. Ichinose, Honolulu, On the briefs, for plaintiff-appellant, Kahala Hotels Associates Limited Partnership.

William A. Bordner and John Reyes-Burke, Honolulu, (of Burke McPheeters Bordner & Estes), On the briefs, for defendants-appellees, Jones Day and Alan E. Friedman.

John S. Nishimoto and Calvin E. Young, Honolulu, (of Ayabe Chong Nishimoto Sia & Nakamura), On the briefs, for defendant-appellee, Goodsill Anderson Quinn & Stifel.

A. Bernard Bays and Sharon E. Har, Honolulu, (of Bays, Deaver, Lung, Rose & Baba), On the briefs, for defendants-appellants, Wolfgang Hultner and John Witt.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and Circuit Judge NISHIMURA, in place of ACOBA, J., Recused.


Opinion of the Court by MOON, C.J.

Inasmuch as appeal Nos. 26669 and 26670 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) (2006).1 Central to both appeals is the applicability of the defenses of litigation immunity, collateral estoppel, and waiver, as well as whether the defendants in both actions were...

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