Orchidland Mandatory Road Fees Update

[KeaauRich]

I would assume that the insurance that covers the Non-Arthurs group would be on the hook if the Arthurs group prevails and is allowed to recoup their legal expenses (whatever they may be).

[kalakoa]

insurance that covers the Non-Arthurs group would be on the hook

It's usually cheaper to litigate the claim than it is to pay it, so more money for the lawyers (again).

[My 2 cents]

It seems appropriate that the prevailing party should be able to recover their costs, but I think this is a common misconception. My understanding is that attorney's fees are only recoverable in Hawaii if there is a statute, case law, or agreement that allows it. Otherwise, the litigants are expected to cover their own costs. "My understanding" comes from a high mucky-muck Honolulu attorney. So I could easily be wrong.

[Orchidlandowner]

I Believe if there is a settlement you cannot recoup costs.

[kalakoa]

I believe the cost of wasted time/effort can never be recouped.

Lawyers is not pavement.

[My 2 cents]

A settlement is an "agreement", so if it is agreed that one party pays the other parties attorneys fees in a settlement, that would be allowed. Highly unlikely however. Especially in this case. They have already had several conferences and mediation attempts, with absolutely no meeting of the minds.