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Litigation & Arbitration

Aug. 30, 2023

Hawaii venues for wildfire suits may give utility better defenses

In California — not Hawaii — utilities can be held liable just because their equipment was there, even if it was well maintained and didn’t cause the fire.

Hawaii venues for wildfire suits may give utility better defenses
Brad Brian, chair of Munger, Tolles & Olson, has been tapped to lead the defense of Hawaiian Electric Industries in litigation stemming from the wildfire on Maui.

Among the many lawsuits filed against Hawaii’s biggest electric utility over the Maui wildfires, one complaint stands out, not just because it was the first investor lawsuit, but also because it is believed to be the only case so far to be filed in federal court in California rather than Hawaii’s state circuit court.

Legal experts said the difference in venue significantly affects the question of liability: California is unique in that pla...

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