Starn O'Toole Marcus & Fisher Litigation Team Wins Appeal

April 19, 2013

In 2009, the Firm defended Bank of Hawaii against allegations of fraud, interference, and civil conspiracy related to the sale of a commercial property, where the plaintiff was seeking damages in excess of twenty-million dollars.   Following six-weeks of trial, the Maui jury returned a verdict in favor of the Bank on all counts, and judgment was entered accordingly.  The Firm went on to represent the Bank in the plaintiff’s appeal, where the plaintiff asserted, among other things, that the jury had made a mistake on the verdict form and that the trial judge should have reconvened the jury for further consideration of the issues.  The Hawaii Intermediate Court of Appeals has recently issued a published opinion affirming the judgment in favor of Bank. 

The appellate decision, issued February 21, 2013, can be viewed here:, by referencing Case No. 30644, Lahaina Fashions, Inc. v. Bank of Hawaii.