ROECA LURIA SHIN LLP
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Arthur F. Roeca, Esq.

Partner and Founder

aroeca@rlhlaw.com

Experience: Medical Malpractice Defense of heart surgeon in wrongful death action involving postoperative coronary artery bypass patient who developed cardiac tamponade; defense verdict Medical Malpractice Defense of orthopedic surgeon accused of failing to timely diagnose spinal cord lesion resulting in loss of function of lower extremity; defense verdict Medical Malpractice Defense of heart surgeon in double wrongful death action arising out of administration of blood products tainted with HIV during coronary artery bypass surgery and alleged failure to warn spouse who also became infected; both died from aids-related complications; defense verdict Medical Malpractice Defense of family practitioner in wrongful death action accused of failing to diagnose and/or refer patient for cardiologic workup resulting in myocardial infarction; defense verdict Medical Malpractice Defense of oral surgeon in wrongful death action for alleged premature discharge of sedated patient following office surgery; defense verdict Medical Malpractice Defense of ophthalmologist for alleged negligently performed cataract surgery resulting in loss of vision; defense verdict Medical Malpractice Defense of surgeon for alleged negligent failure to adequately test post-biopsy tissue to detect and prevent spread of breast cancer; plaintiff verdict Medical Malpractice Defense of anesthesiologist in wrongful death action for alleged failure to medically screen asthmatic prior to administration of spinal anesthetic resulting in bronchospasm and brain injury; defense verdict as to as to anesthesiologist; multimillion verdict as to co-defendants. Medical Malpractice Defense of gynecologist for alleged negligently performed laparoscopic surgery causing perforated small intestine; complications included peritonitis, near death, prolonged ICU stay, severe disfigurement and loss of function; defense verdict affirmed on appeal in Taylor v. Winston, 112 Hawai'i 148, 144 P.3d 596 (App. 2006) (unpublished decision). Medical Malpractice Defense of radiologist accused of negligent failure to detect arterio-venous malformation on head CT scan of child which eventually ruptured, rendering teenage athlete neurologically devastated; defense verdict affirmed on appeal in Stallworth v. Boren, 99 Hawai'i 287, 54 P.3d 923 (App. 2002) Medical Malpractice Defense of neurologist accused of negligent failure to diagnose spinal tumor in child which progressed leaving patient paralyzed below umbilicus; defense verdict Medical Malpractice Defense of radiologist for alleged negligent failure to detect fetal anomaly on prenatal ultrasound thereby preventing termination of pregnancy; alleged wrongful life; defense verdict Medical Malpractice Defense of plastic surgeon accused of negligence in performing multiple cosmetic eyelid surgeries which resulted in permanent loss of vision; defense verdict affirmed on appeal in Swink v. Cooper, 77 Hawai'i 209, 881 P.2d 1277 (App. 1994) Medical Malpractice Defense of obstetrician accused of negligently failing to diagnose & treat premature contractions resulting in premature delivery and death of newborn; defense verdict Medical Malpractice Defense of obstetrician accused of negligent failure to diagnose & treat preterm labor resulting in premature birth & newborn death; defense verdictMedical Malpractice Defense of obstetrician alleged to have negligently failedAlleged negligent failure to diagnose fetal distress on fetal heart tracing and to timely perform emergency c-section resulting in severe brain injury; defense verdict Medical Malpractice Defense of family practitioner accused ofAlleged negligent failure to timely treat infant's infection and failure to address developing status epilepticus, hypoxia and seizures prior to permanent severe brain injury; defense verdict affirmed on appeal in Li v. Estate of Pershing, 103 Hawai'i 180, 80 P.3d 1001 (2003)(unpublished decision) Products Liability Defense of crane manufacturer in wrongful death action arising from crane accident -- alleged crane sold decades before accident was defectively designed/ manufactured causing accident and death of operator; directed verdict on implied warranty, defense verdict on negligence and punitive damages, JNOV granted on express warranty, affirmed on appeal after partial remand in Torres v. Northwest Engineering Co , 86 Hawai'i 383, 949 P.2d 1004 (App. 1997); and Torres v. Northwest Engineering Co, 94 Hawai'i 206, 9 P.3d 518 (App. 2000) (affirming directed verdict on implied warranty, affirming JNOV on express warranty, and affirming verdict in all other respects, unpublished decision). Products Liability Defense of helicopter engine manufacturer alleged to have defectively designed & manufacture gas turbine engine; engine failure preceded helicopter accident resulting in personal injury to pilot and property damage and economic loss to owner; defense verdict Negligence Defense of owner of truck involved in rear end collision with passenger car; passenger alleged severe permanent psychiatric injuries from impact; verdict returned less than offer Insurance Bad Faith Defense of insurer against whom homeowner sought multimillion dollar damages for alleged bad faith failure to respond to property damage; defense verdict Insurance Bad Faith Alleged failure to defend and/or indemnify insured for multimillion dollar lawsuit; summary judgment decided in client's favor, and affirmed by Hawaii Supreme Court in Hawaiian Holiday Macadamia Nut Co., Inc. v. Industrial Indem. Co., 76 Hawai'i 166, 872 P.2d 230 (1994) Medical Malpractice Defense of orthopedic surgeon in case involving alleged negligent failure to utilize standard internal fixation device to reduce femoral fracture resulting in permanent loss of use/function lower extremity; defense verdict Negligence, Dram Shop and Hotel Security Defense of hotel in wrongful death action stemming from altercation between patrons in bar on hotel premises resulting in death of female; defense verdict for hotel security affirmed in Myers v. South Seas Corp., 10 Haw.App. 331, 871 P.2d 1235 (1992) Medical Malpractice Defense of pediatric surgeon for alleged wrongful death from high risk surgical biopsy of mediastinal mass in adolescent patient who did not survive anesthetic; compromise verdict in favor of plaintiff Products Liability Defense of general contractor for alleged property damage arising out of water fixture failure in commercial building resulting in massive water damages; defense verdict
  • Additional Experience: Mr. Roeca has been an invited speaker and instructor for numerous organizations including: Hawaii Institute for Continuing Legal Education; National Business Institute; Practicing Law Institute; Hawaii Hotel & Resort Association; Hawaii Bar Association; Hawaii Medical Association; Physicians Insurers Association of America (PIAA); Medical Insurance Exchange of California; Hawaii Physician’s Indemnity; The Doctors Company; John A. Burns School of Medicine, University of Hawaii; University of Iowa Medical School, Department of Anesthesia; Opthalmic Mutual Insurance Company (OMIC); Oral and Maxillofacial Surgeons €€National Insurance Company (OMSNIC). Practice Areas: Medical Malpractice; Insurance Defense; Legal Malpractice; Personal Injury; Premises Liability; Product Liability; Bad Faith Litigation; Directors & Officers Liability; Toxic Torts; Aviation Litigation Education: University of California at Los Angeles (B.A., 1970); Southwestern University (J.D. cum laude, 1975); Member, Southwestern University Law Review, 1974-1975. Author: Note, Use of the Bifurcated Trial to Avoid Collateral Estoppel and the Expanding Concept of Final Judgment, 7 Southwestern Univ.L.R. 161 (1975). Admissions: California (1975); Hawai'i and District of Hawai’i (1976); Ninth Circuit Court of Appeals (1981) Publications: Author: Note, Use of the Bifurcated Trial to Avoid Collateral Estoppel and the Expanding Concept of Final Judgment, 7 Southwestern Univ.L.R. 161 (1975). Contributing Author: Toxic Torts (Shepard's McGraw-Hill 1984). Faculty Member who assisted in writings for presentations with: Hawaii Institute for Continuing Legal Education seminar on Medical Malpractice; National Business Institute seminars on Tort Damages and Personal Injury Litigation Practice; Practicing Law Institute seminars on Premises Liability. Published Decisions: Samonte v. Bauman, 264 Fed.Appx. 634 (9th Cir. 2008) (prisoner civil rights re medical care) Nesbit v. HFC Dental Dept., 298 Fed.Appx. 543 (9th Cir. 2008) (prisoner civil rights re medical care) Hawaii v. Abbott Laboratories, Inc., 469 F.Supp.2d 842 (D.Hawai'i 2006) (products liability) Doe v. Grosvenor Center Associates, 104 Hawai'i 500, 92 P.3d 1010 (App. 2004) (tort /assault) Stallworth v. Boren, 99 Hawai'i 287, 54 P.3d 923 (App. 2002) (medical malpractice) Stone ex rel. Estate of Stone v. Frontier Airlines, Inc., 256 F.Supp.2d 28 (D.Mass. 2002) (pro hac vice, tort/wrongful death) Omori v. Jowa Hawaii Co., Ltd., 91 Hawai'i 157, 981 P.2d 714 (App. 1999) (in utero tort and workers compensation) Garcia v. Kaiser Foundation Hospitals, 978 P.2d 863, 90 Hawai'i 425 (1999) ) (medical malpractice) Torres v. Northwest Engineering Co , 86 Hawai'i 383, 949 P.2d 1004 (App. 1997) (products liability, wrongful death) Hum v. Dericks, 162 F.R.D. 628 (D.Hawai’i 1995) (medical malpractice/ products liability) Christiansen v. Big Island Fish Connection, Inc., 885 F.Supp. 207, 1995 A.M.C. 669, (D.Hawai'i 1994) (tort/ admiralty) Swink v. Cooper, 77 Hawai'i 209, 881 P.2d 1277 (App. 1994) (medical malpractice) Sentinel Ins. Co., Ltd. v. First Ins. Co. of Hawai'i, Ltd , 76 Hawai'i 277, 875 P.2d 894 (1994) (insurance coverage) Hawaiian Holiday Macadamia Nut Co., Inc. v. Industrial Indem. Co., 76 Hawai'i 166, 872 P.2d 230 (1994) (insurance coverage) Nakamura v. Industrial Ins. Co. of Hawaii, Ltd., 794 F.Supp. 1012 (D.Hawaii,1992) (insurance coverage) Myers v. South Seas Corp., 10 Haw.App. 331, 871 P.2d 1235 (1992) (tort /assault)

James Shin, Esq.

Managing Partner

jshin@rlhlaw.com

Experience: Construction Defect Represented soils engineer against claims made by homeowner association alleging professional negligence against soils engineer and construction defect claims against contractor and subcontractors for cracking to walls as a result of alleged settlement of foundation. Settlement prior to trial. Construction Defect Represented general contractor against claims alleging multiple construction defects in the excavation and construction of a single family home causing neighboring property and rock wall to collapse due to loss of lateral and subjacent support. Settlement prior to trial. Construction Defect Represented framing subcontractor against claims alleging various construction defects in the construction of a single family home. Claims involved alleged improper materials used in framing and failure to follow plans and specifications. Settlement prior to trial. Construction Defect Represented developer against claims of construction defects asserted by various homeowner's associations. Claimed defects included improper compaction and design of driveways. Settlement prior to trial. Construction Defect Represented contractor against construction defect claims made by homewner alleging improper construction and structural design/construction of the home, including inability to withstand wind loads required by the building code. Settlement prior to trial. Commercial Dispute Represented seller and owner/builder of luxury home in trial against claims by home purchasers of breach of contract, fraud, unfair and deceptive trade practice claims regarding allegedly faulty septic system and unusable lot. Defense jury verdict. Judgment obtained against homeowners for $460,000 for attorney's fees and Rule 68 costs. Subrogation Represented insurer and supermarket in trial against contractor in subrogation action to recover monies paid to settle underlying slip and fall case where plaintiff suffered nerve injury and complex regional pain syndrome (CRPS). Obtained favorable jury verdict of $2 million. Construction Defect Represented general contractor in claims alleging multiple construction defect claims in the construction of a high-rise condominium complex. Successfully arbitrated issues involving spalling of concrete, cement wash and patching of post-tension cable system. Negligence Represented condominium association in a wrongful death action involving death of a five year old child who drowned when she accessed the condominium swimming pool. Settlement prior to trial. Negligence Represented co-employee of an injured party who was paralyzed from a workplace incident. Plaintiff alleged that client's actions were wilful and wanton. Successsfully dismissed case against co-employee by motion for summary judgment. Negligence Represented co-employee of deceased Plaintiff who was electrocuted while tree trimming. Settled prior to trial. Negligence Represented tavern in a dram shop liability case involving assault of a third-party off-premises. Successfully dismissed action by way of motion for summary judgment.
  • Practice Areas: Civil Litigation; Construction Defect Litigation; Insurance Defense; Personal Injury; Premises Liability; Product Liability Education: University of Iowa (B.A., 1991); University of Iowa School of Law (J.D., 1994) Admissions: Hawaii (1994), Nevada (1996)(inactive) Published Decisions: Milberger v. KBHL, LLC, 486 F.Supp.2d 1156 (D.Haw. 2007) Zanakis-Pico v. Cutter Dodge Inc., 98 Hawaii 309, 47 P.3d 1222 (2002) State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc., 90 Hawaii 315, 978 P.2d 753 (1999) Bayudan v. Tradewind Insurance Co., Ltd., 87 Hawaii 379, 957 P.2d 1061 (App. 1998) Aga v. Hundahl, 79 Hawaii 291, 901 P.2d 1270 (1995)Tailored legal strategies for you.
  • Focused on achieving positive outcomes.
  • Trust in our trial expertise.
  • Dedicated to serving Hawaii.
  • Your legal partner in challenges.

Shannon L. Wack, Esq.

Of Counsel

swack@rlhlaw.com

Experience: Product Liability/Negligence Represented concrete pump supplier against claims of product misuse and negligence. Obtained opposing expert's concurrence with defense expert's opinion that the multiple acts of negligence that led to Plaintiffs' injuries were due to the negligence of others who Plaintiffs failed to name in the lawsuit and were barred by the statute of limitations from doing so. Settlement prior to trial. Product Liability/Negligence Represented installer of baggage conveyor system where plaintiff was injured while performing maintenance to baggage conveyor belt, and alleged product liability, breach of warranty and negligence against the installer and the manufacturer of the baggage conveyor system. Obtained summary judgment on the claim of negligence based upon on the statute of limitations. Plaintiffs settled remaining claims with installer and manufacturer after jury selection completed. Premise Liability/Negligence Represented numerous National and Worldwide Hotel Owners & Management Companies against claims involving the failure to warn of an open and obvious condition resulting in injuries alleged from the trip and/or slip and fall. Settlements prior to trial. Premise Liability/Negligence Represented Association of Apartment Owners against claims of failure to repair and maintain common elements resulting in unit owner's alleged physical injuries and property damage due to roof leaks. Settled prior to trial for nominal damages after discovering that plaintiff retained attorney when damage first occurred yet complaint was untimely filed effectively barring Plaintiff's recovery due to the statute of limitations. Premise Liability/Negligence Represented Association of Apartment Owners against claims of failure to warn and maintain concrete awning on exterior of building located above each unit, that plaintiff claimed was a lanai. Obtained summary judgment with Judge finding condition was open and obvious eliminating the duty to warn and/or cure. Plaintiffs' appeal is pending. Negligence/Breach Fiduciary Duty Represented Association of Apartment Owners against claim of unit owner that Board failed to purchase insurance for the unit owner for injuries that do not arise from use of common elements. Successfully appealed ruling the Administrative Hearings Officer of the Office of Administrative Hearings, Condominium Dispute Resolution Pilot Program, Department of Commerce and Consumer Affairs grant of summary judgment in favor of unit owner on basis that decision of Hearings Officer was clearly erroneous. Copyright/Trade Mark Infringement Defended large direct marketer of party supplies and home decor products against plaintiff's claims copyright and trademark infringement involving the design, replication, manufacture, fabrication and sales of flowers and the sequencing of stringing leis. Confidential settlement prior to trial. Motor vehicle Tort/Negligence Defended a Big Island landscape company and its employee/driver against claims of negligence by the family of the decedent and his estate as the result of the decedent colliding with the employee/driver's truck as it turned left into the Waiakoloa Hotel with the decedent's wife arriving at the accident scene moments after the collision. Settlement prior to trial. Negligence/UIM Claim Represented Insurance Carrier against claims for under-insurance benefits by an insured and the Estate of the insured's son as a resident relative at the time of the motor vehicle accident claiming total damages to insured and the Estate from $2 million to $5 million dollars. Successfully defended Insurer against insured's claim with arbitrators finding insured was fully compensated for loss of consortium and emotional distress damages when recevied $100,000.00 settlement in bodily injury lawsuit against other driver, and the Estate awarded damages of $275,495.18, which was net of the covered loss deductible and bodily injury damages as previously confirmed by the Probate Court Construction Defect/Negligence Represented general contractor who graded the subdivision containing Plaintiff's home, against claims of subsidence as a result of the development, civil engineering, soils engineering, soils testing, excavation, fill, grading, construction and sale of Plaintiffs' home by the six defendants. Discovered expert opinions based upon preliminary reports and not final reports and as built plans, and Plaintiffs constructed retaining wall trapping water and concrete slabs without engineer's opinions. Settled prior to trial for nominal amounts by all defendants. Construction Defect/Negligence Represented general contractor who supplied and constructed metal studs in subdivision against multiple owners' claims of construction defects against multiple contractors, subcontractors and materialmen. Developers decisions on design and construction resulted in the majority of the Plaintiffs' complaints, with framing contractor having relatively little involvement with alleged complaints. Settlement prior to trial. Construction Defect/Breach of Warranty Represented general contractor who declined to participate in installation of sound attenuation material unknown to contractor and its subcontractor, but due to the insistence of owners to use the product, the developer, contractor and subcontractor agreed to install the product after obtaining an indemnification agreement from owners. After installation and the product failed, the developer sought reimbursement of expenses to repair and install the original materials called for in plans. Settlement prior to trial with general contractor recovering a portion of its construction costs on counterclaim.
Additional Experience: Commissioner, Access to Justice (2008-present); Co-Chair, Hawaii State Bar Association Committee Delivery of Legal Services to the Public (2007-present); Honorable Mention Spirit Of Volunteer Legal Services Award (2005); Faculty Member: Lorman Education Services: Litigation Skills for Legal Professionals (2009); Speaker: First Insurance Co. of Hawaii Ltd. "How To Protect Your Files” (2003); Member: Volunteer Legal Services (2001 to Present); American Bar Association (2006-2010); Staff Counsel First Insurance Co. of Hawaii, Ltd. (1993-2006); Moon O’Connor Tam & Yuen (1991-1993); Law Clerk Judge Robert Klein (1989-1991) Receipient: Pacific Asian Scholarship William Richardson School of Law (1989). Practice Areas: Civil Litigation; Commercial Litigation; Construction Defect Litigation; Insurance Defense; Personal Injury; Premises Liability; Product Liability; Toxic Torts Education: University of Hawaii, Manoa (B.B.A. Finance 1987); William S. Richardson School of Law, University of Hawaii (J.D. 1990) American Jurisprudence Award: Advanced Legal Writing (1989). Admissions: Hawaii (1990) Published Decisions: Hayes v. Dutro, 105 Hawai'i 66, 93 P.3d 1173 (Hawai'i App. 2004)(statute of limitations) Glover v. Grace Pacific, 86 Hawai'i 154, 948 P.2d 575 (Hawai'i App. 1997)(evidence, expert witnesses)

Jodie D. Roeca, Esq.

Of Counsel:

jroeca@rlhlaw.com

Experience: Asbestos Worked on mesothelioma and lung cancer cases, representing successor corporation to local company which distributed asbestos-containing products in the 1960s and 1970s. Numerous settlements and summary judgments. Negligence/Products Liability Worked on a three month trial on claims of negligence and products liability due to a fall from a ladder, involving successor corporation liability, two different companies’ bankruptcies, and two appeals. Appellate Briefing Drafted a number of Appellate briefs both for Hawaii Appellate Courts and the Ninth Circuit Court of Appeals, including an appeal in the area of real estate supporting dismissal and summary judgment in favor of attorney who acted as a real estate attorney in underlying litigation; a number of appeals relating to medical malpractice trials with published decisions listed below and unpublished decisions including Taylor v. Winston, 112 Hawai'i 148, 144 P.3d 596 (App. 2006) (unpublished decision); Li v. Estate of Pershing, 103 Hawai'i 180, 80 P.3d 1001 (2003)(unpublished decision); and appeal related to an alleged assault in a downtown Honolulu office building. CERCLA Litigated case involving Comprehensive Environmental Response, Compensation and Liability, 42 USC Section 9607 and state law counterpart, which resulted in settlement. A published ruling in case was Servco Pacific, Inc. v. Dods,193 F.Supp.2d 1183 (D.Haw. 2002), Trust Litigation disputes between beneficiaries of a Hawaii Trust, which resulted in appellate mediation and settlement. Additional Experience: University of Hawaii Law Review 1983-85 (Comments Editor, 1984-85). Law Clerk to the Honorable Edward H. Nakamura, Hawaii Supreme Court (Summer 1984). Deputy Prosecuting Attorney, City & County of Honolulu (1985-1987).
  • Practice Areas: Civil Litigation; Commercial Litigation; Contract Disputes; Insurance Defense; Personal Injury; Premises Liability; Product Liability Education: University of California at Santa Barbara (B.A., 1977); William S. Richardson School of Law, University of Hawaii (J.D., 1985) Admissions: Hawai'i (1985); District of Hawaii (1985), Ninth Circuit (1996) Published Decisions: Samonte v. Bauman, 264 Fed.Appx. 634 (9th Cir. 2008) (prisoner civil rights re medical care) Del Monte Fresh Produce (Hawaii), Inc. v. Fireman's Fund Ins. Co., 117 Hawai'i 357, 183 P.3d 734 (2007) ) (insurance coverage) Gast v. Kwak, 396 F.Supp.2d 1150 (D.Hawai‘i 2005) ((negligence, wrongful death, summary judgment) Doe v. Grosvenor Center Associates, 104 Hawai'i 500, 92 P.3d 1010 (App. 2004) (tort litigation) Servco Pacific Inc. v. Dods, 193 F.Supp.2d 1183 (D.Hawai‘i 2002) (CERCLA litigation) Stallworth v. Boren, 99 Hawai'i 287, 54 P.3d 923 (App. 2002) (medical malpractice) Nakamura v. Industrial Ins. Co. of Hawaii, Ltd., 794 F.Supp. 1012 (D.Hawaii,1992) (insurance coverage).Committed to client success.
  • Innovative strategies for justice.
  • Experienced trial attorneys.
  • Personalized legal solutions.
  • Dedicated to excellence in law.

Lois H. Yamaguchi, Esq.

Of counsel:

lyamaguchi@rlhlaw.com

Experience: Practice Areas: Product Liability Defense, Commercial and Complex Litigation, Professional Liability, Personal Injury/Tort Litigation, Health Care Malpractice Education: University of California, Hastings College of the Law (J.D. 1990); University of Hawaii - Manoa (Graduate Certificate, Public Administration); University of Washington (B.A., B.S.) Admissions: Hawaii (1990), District of Hawaii (1990), Ninth Circuit Court of Appeals (2003)
  • 
  • Publications: Yamaguchi, L., Primerus Product Liability Compendium 2014 (Hawaii section on Non-Contractual Indemnity and Contribution); Yamaguchi, L., Hawaii chapter, “Products Liability Defenses, A State-by-State Compendium”, DRI The Voice of the Defense Bar, 2013; Yamaguchi, L., Hawaii chapter, “Punitive Damages: A State-by-State Compendium”, DRI The Voice of the Defense Bar, 2009; Fukunaga, K., Yamaguchi, L., Hawaii chapter, “Products Liability Defenses, A State-by-State Compendium”, DRI The Voice of the Defense Bar, 2007 Published Decisions: Durham v. County of Maui, 742 F.Supp.2d 1121 (D.Haw. 2010) Durham v. County of Maui, 729 F.Supp.2d 1188 (D.Haw. 2010) Durham v. County of Maui, 696 F.Supp.2d 1150 (D.Haw. 2010) Udac v. Takata Corp., 121 Hawaii 143, 214 P.3d 1133 (App. 2009), cert denied (2010) Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) Josue v. Isuzu Motors America, Inc., 87 Hawaii 413, 958 P.2d 535 (1998) Memberships: Hawaii State Bar Association; Defense Research Institute (Member since 1997; Hawaii State Representative 2009-2013)d attorneys on your side.
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  • Effective communication and transparency.
  • Your legal battles, our priority.

James R. Ferguson, Esq.

Of Counsel:

jferguson@rlhlaw.com

Experience: Negligence Defended actions involving premises liability, motor vehicle accidents, subway train accidents, police brutality, false arrest, malicious prosecution, and violation of civil rights. Represented municipal defendant in mass transit related personal injury and police misconduct actions in New York Supreme Court, Bronx County. Tried 18 jury trials to verdict, 14 of which were defense verdicts. Injuries involved fractures, spinal injuries, brain injuries, amputations, and various neurological and psychological conditions. Negligence Products liability. Represented manufacturer of allegedly defective plumbing fittings in multi-million dollar property damage claim. Settled prior to trial. Negligence Products liability, failure to warn, wrongful death. Represented manufacturer of rescue net involving a multiple fatality helicopter accident. A one-month jury trial resulted in a defense verdict. Second-chaired trial with David M. Louie as lead counsel. Negligence Toxic Tort. Defended golf course against claims of cancer and fear of developing cancer from alleged exposure to pesticide spray drift. Settled prior to trial. Negligence Toxic Tort. Represented AOAO against mold claim by resident involving sick building syndrome. Settled prior to trial. Negligence Premises liability. Represented large chain department store against slip and fall resulting in multiple spinal surgeries. Settled prior to trial. Negligence Premises liability. Represented numerous hotels and resorts against slip/trip and fall actions resulting in various orthopedic and neurological injuries. Defense at arbitration and settled prior to trial. Negligence Dram-shop liquor liability. Represented convenience chain store against claims involving sale to minor resulting in motor vehicle accident and brain injury. Also represented bars against claims of sale to intoxicated patron resulting in personal injuries from assault and battery. Settled prior to trial. Negligence Highway design. Represented land owner/developer against claims of improper highway design resulting in motor vehicle accident and brain injury. Settled prior to trial. Negligence Construction work-site accidents. Represented numerous owners/developers/ contractors/subcontractors against work-site accident claims involving falls from heights, machinery mal-function, equipment failure, and ultra-hazardous work. Settled during mediation/arbitration and prior to trial. Construction defects Represented roofing consultant against claim involving property damage from water leaks. Settled after binding arbitration. Construction defects Represented owner/developer/contractor against claims of negligent design and construction of residence next to stream. Involved remediation of flood prone conditions. Settled prior to trial. Construction defects/product liability Represented manufacturer of roofing material against claims of product defect involving failure of commercial roofs. Settled prior to trial. Construction defects. Represented manufacturer of plumbing fittings against claims of negligent design and manufacture involving property damage claims by residents of high rise luxury condominium. Settled prior to trial.
  • Additional Experience: Mr. Ferguson completed a National Institute of Trial Advocacy (NITA) trial skills course while in New York, and actively participates in mock-trials as part of his case evaluations. Mr. Ferguson has also been a panel participant in a liquor liability seminar sponsored by the Honolulu Liquor Commission. Practice Areas: Civil litigation, construction defect litigation, insurance defense, personal injury, premises liability, product liability Education: University of the West Indies (LLB, 1984); Norman Manley Law School (Certificate of Legal Education - J.D. Equivalent, 1986) Admissions: New York (1990); Hawai'i (2000)Innovative legal strategies.
  • Experienced legal professionals.
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  • Your trusted legal partner.

Cathy S. Juhn, Esq.

Of Counsel:

cjuhn@rlhlaw.com

Experience

Practice Areas: Premises liability, Construction Defect, Motor Vehicle, Condominium Association. 

Education: The John Marshall Law School Chicago, Illinois (J.D., LLM 2002)
Admissions: Hawaii State Bar Association, and California Bar Association Publications:

Barron T. Oda, Esq.

Of Counsel:

boda@rlhlaw.com

Experience: Intellectual Property Licensing: Represented a prominent cultural organization in negotiating licenses and drafting agreements for the televising of live cultural events. Copyright and Trademark Infringement: Defended numerous businesses against claims of copyright and trademark infringement, performed substantial similarity analyses under the Ninth Circuit's test, and asserted the intellectual property rights of artists, authors, and businesses against infringing parties by issuing cease and desist letters and DMCA takedown notices. Art Law: Provided counsel to visual and performing artists regarding the creation of works, copyright registration and licensing, intellectual property rights involved in the public performance or display of works, and sales of works. Negotiated and drafted IP licenses, assignments, and rights agreements. Entertainment Law: Represented a concert promoter in negotiating and drafting agreements for multiple musical events, including addressing legal matters for international performers. Employment Law: Advised a fast-growing corporation adding personnel to its workforce of best practices and legal compliance for employment matters such as hiring, termination, discipline, harassment, discrimination, vacation, and leave. Drafted employee handbooks, policies, procedures, and related documents. Condominium Law: Represented a large 7-acre condominium complex as outside general counsel. Oversaw numerous capital improvement projects, including a seven-figure complex-wide plumbing reconstruction project. Addressed various legal matters associated with a transition of managing agents. Advised the board on governance, employment, and compliance matters. Also represented other smaller associations and drafted governing documents for new condominium projects. Museums: Represented a large museum as its Associate General Counsel. Addressed legal compliance matters and provided legal support for real estate transactions, procurement of goods, and hosting of traveling exhibits. Negotiated and drafted contracts. Licensed intellectual property and handled all copyright-related matters. Advised senior management on matters specific to nonprofit organizations and museums such as board governance, collections management, trust responsibilities, nonprofit status, intellectual property, policies, accreditation, and state and federal laws having applicability to cultural institutions. Additional Experience: Adjunct Professor of Intellectual Property and Constitutional Law, Hawai`i Pacific University (2018-Present) Council Member, ABA Section of Science and Technology Law (2018-Present) Guest Lecturer, Harvard Extension School's Graduate Museology Program (2017-Present) Co-Chair, ABA Museums and the Arts Law Committee (2014-Present) Editor In Chief, Provenance (a quarterly publication of the ABA Museums and the Arts Law Committee) (2012-2014) Asian-Pacific Law and Policy Journal, 2009-2011 (Chief Articles Editor, 2010-2011)
  • Practice Areas: Civil Litigation; Commercial Litigation; Insurance Defense; Intellectual Property; Art Law; Cultural Property Law; Corporate and Nonprofit Governance; Employment Law; Real Property and Commercial Transactions Admissions: Hawai`i (2011), Washington (2016), District of Hawai`i (2016) Publications: Mobile Devices, Public Spaces, and Freedom of Panorama: Reconciling the Copyright Act With Technological Advances and Social Norms Regarding Content Creation and Online Sharing, 14 AMERICAN BAR ASSOCIATION SCITECH LAWYER 2 (Winter 2018). Good Governance In Times Of Financial Crisis, 3 PROVENANCE 2 (2014). Fall Is Here and So Are New Guidelines For Keeping Objects, 1 PROVENANCE 2 (2012). An Alternative Perspective to Battling the Bulge: The Social and Legal Fallout of Japan’s Anti-Obesity Legislation, 12 ASIAN-PACIFIC LAW & POLICY JOURNAL 249 (2011). Intern Opportunities (Smithsonian National Museum of American History, 2007) (Photographer). Speaking Engagements: PRESENTER AND MODERATOR: Mobile Devices, Public Spaces, and Freedom of Panorama: Rights and Responsibilities. Western Museums Association. Tacoma, WA, October 24, 2018. LEAD PRESENTER: Small Museum Legal Toolkit. Western Museums Association. Tacoma, WA, October 21, 2018. PRESENTER: Cultural Property, Traditional Knowledge, and Western Intellectual Property Systems (Updated). Iolani Palace. Honolulu, HI, July 18, 2018. PRESENTER: Legal Updates. Hawaii Museums Association. Honolulu, HI, May 2, 2018. GUEST LECTURER: Museums and Employment Law. Harvard Extension School. Cambridge, MA, April 30, 2018. PRESENTER: Cultural Property, Traditional Knowledge, and Western Intellectual Property Systems. Hawaii State Judiciary. Honolulu, HI, November 9, 2017. MODERATOR: Fakes & Forgeries: Art Authentication and Lessons Learned. American Bar Association. New York, NY, August 11, 2017. PANELIST: Copyright: The First Amendment, Fair Use, and the Public Domain. Hawaiian Media Makers Conference. Honolulu, HI, November 2, 2016. PRESENTER: Interns In Your Museum: The Nuts & Bolts of Legal Compliance. American Alliance of Museums. Washington, DC, May 28, 2016. LEAD PRESENTER: Orphan Works Basics and Best Practices. American Alliance of Museums. Webinar, May 27, 2015. SPECIAL GUEST: Copyright Licensing: Giving and Receiving. American Alliance of Museums. Webinar, July 23, 2014. MODERATOR: Museums and Technology Brown Bag. American Bar Association. Webinar, June 26, 2014.Dedicated to your legal success.
  • Making clients' challenges our own.
  • Experienced trial attorneys ready to help.
  • Trusted advocates in civil trial law.
  • Your partners in legal matters.

Colette N. Errico, Esq.

Associate Attorney

cerrico@rlhlaw.com

Experience: Practice Areas: Insurance defense including: premises liability, construction defect, auto accidents, and product liability claims. Education: Chaminade University (B.A. 2009); Pepperdine School of Law (J.D., 2015).
  • Admissions: Hawaii (2019) Speaking Engagements: Adjunct Professor: Chaminade University (Public Speaking, 2022). Memberships: Hawaii State Bar Association 2019

April A. Luria, Esq.

Of Counsel:

aluria@rlhlaw.com

Education: Purdue University (B.S., 1977); Indiana University School of Law (J.D. 1984)
Admissions: Hawaii (1988) Indiana (1984)

IAdditional Experience: Faculty Member: National Business Institute seminar on “Keys to Successful Pre-Trial Preparation in Hawaii”; Institute for Paralegal Education seminar, “Advanced Civil Discovery for the Litigation Paralegal in Hawaii.”; National Business Institute, “Advanced Expert Witness Deposition Tactics”; Sterling Educational Services, Inc. “Fundamentals of Employment Law in Hawaii”; 2004 HSBA Trial Academy Faulty member; 2009 HSBA Trial Academy Co-Dean. Adjunct Professor: William S. Richardson School of Law, University of Hawaii (Pretrial Litigation, 2001-04). Contributing Author: “Making Trial Objections” (J.F. McCarthy, Sr., ed. 1986). Deputy Prosecuting Attorney, City & County of Honolulu (1991-1994). Member: Hawaii State Bar Association; Indiana State Bar Association; American Bar Association; Hawaii Defense Lawyers Association
Published Decisions: U.S. v. Tropic Seas, Inc., 887 F.Supp.1347 (D.Haw.1995); Christiansen v. Big Island Fish Connection, Inc., 885 F.Supp.207 (D.Haw. 1994); Stallworth v. Boren, 99 Hawaii 287, 54 P.3d (Haw. App. 2002); Doe v. Grosvenor Center Associates, 104 Hawai'i 500, 92 P.3d 1010 (Haw. App. 2004); Del Monte Fresh Produce (Hawaii), Inc. v. Fireman's Fund Ins. Co., 117 Hawai'i 357, 183 P.3d 734 (Hawaii, 2007)
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