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NISHIMURA v. GENTRY HOMES, LTD.

No. SCWC-13-0000137.

338 P.3d 524 (2014)

134 Haw. 143

Thomas NISHIMURA, Colette Nishimura, Individually and on Behalf of a Class of All Persons Similarly Situated, Petitioners/Plaintiffs-Appellees, v. GENTRY HOMES, LTD., a Hawai`i Domestic Profit Corporation, Respondent/Defendant-Appellant, and Simpson Manufacturing Co., Inc., a Delaware Corporation; Simpson Strong-Tie Company, Inc., a California Corporation, Defendants.

Supreme Court of Hawai`i.

October 31, 2014.

Attorney(s) appearing for the Case

Melvin Y. Agena, Honolulu, for petitioners.

Ryan H. Engle, Honolulu, for respondent.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, POLLACK, and WILSON, JJ.

I. Introduction

This appeal raises an issue of first impression in Hawai`i: what standard applies in reviewing the enforceability of an arbitrator-selection provision? We adopt the "fundamental fairness" standard set forth by the United States Court of Appeals for the Sixth Circuit in McMullen v....

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