Case Notes

• Jurisdiction: Hawaii,United States
• Citation: Vol. 19 No. 06
• Publication year: 2015

CASE NOTES

Supreme Court

Attorneys' Fees

Gurrobat v. HTH Corp., SCAP-12-0000764, March 27, 2015, (McKenna, J.). Appellant filed a class action complaint in the Circuit Court, asserting claims for damages under both Hawaii's wage laws, Haw. Rev. Stat. §§ 388-6 and 388-10, and under Hawaii's unfair methods of competition provisions, Haw. Rev. Stat. §§ 480-2(e) and 480-13(a). Appellant requested attorneys' fees and costs for his appeal and cross-appeal, and for interest on the judgment. Appellant based his request for fees and costs on Haw. R. App. Proc. Rule 39 and on the fee shifting provisions found in Haw. Rev. Stat. §§ 388-11(c) and 480-13(a) (2008). Appellant based his request for interest on Haw. R. App. Proc. Rule 37. In total, Appellant requested an award of attorneys' fees based on a lodestar of $90,422.50 and enhanced fees based on a multiplier to be determined by the court, 4.712 percent general excise tax on the awarded fees, $535.55 in costs, and an award of post-judgment interest on the damages affirmed.

Appellees acknowledged that Appellant was entitled to reasonable attorneys' fees and costs under Haw. Rev. Stat. § 388-11(c) for prevailing on his appeal but contended that he was not entitled to fees and costs under Haw. Rev. Stat. § 480-13(a)(1) for his successful cross-appeal. In addition, Appellees opposed many individual time entries in Appellant's fee request as being vague and/or block billed. Appellees also argued that any fees awarded should be subject to a downward adjustment of thirty percent because the key issue underlying Appellees' appeal was largely decided by this court in Villon v. Finally. Appellees further asserted that an award of interest should be denied as premature and is better left to the discretion of the trial court.

The Hawaii Supreme Court held that Appellant was entitled to attorneys' fees for both the appeal and cross-appeal, in the amount of $84,032.50, plus $3,959.61 in general excise tax and costs in the amount of $435.55. In addition, the Hawaii Supreme Court held Appellees jointly and severally liable for the payment of Appellant's attorneys' fees and costs. Finally, it held that post-judgment interest is not appropriate under the circumstances of this case.

Appeal Pointers

In circuit court agency appeals, the order disposing of the appeal is not appealable unless it is reduced to a separate judgment. HRCP 72(k); Jenkins v. Cades Schutte Fleming & Wright, 76 Haw. 115, 869 P.2d 1334 (1994).

Criminal

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