MASS TORTS & CLASS ACTIONS

Felix v. Cayetano, was a class action filed in 1994 against the Hawaii Department of Education alleging systematic denial of educational rights of children with disabilities under the Individuals with Disabilities Education Act. Keith Peck was a Plaintiffs' attorney on this case. In 2003 the State of Hawaii spent $284,037,140.00 on maintenance of services for disabled children based upon the consent Decree established by the class action.

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Makin v. Chandler, was another class action originally files by our President that sought to make the State of Hawaii provide adult, disabled residents, home, and community access to mental health-related services under the Olmstead Act.

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W.G., et al, v. Kishimoto, was a recent prospective class action filed this class action on April 13, 2020, against the Hawaii Department of Education. This was the first of its kind legal action related to the COVID-19 pandemic of 2020. Plaintiffs alleged that the state’s Department of Education provided non-disabled students educational-related services but failed to provide students eligible for federal protection under Section 504 of the Rehabilitation Act of 1974 and students eligible under the Individuals with Disabilities Education Act access to educational-related services. Plaintiffs sought an “equitable" means to determine the amount of compensatory education” for which students were entitled.  National Public Radio segment.