No. 27700 (July 14, 2008)
Opinion [pdf]
OPINION OF THE COURT BY LEONARD, J.
Defendant-Appellant Nathan T.K. Aipa (Aipa) appeals from an order denying Aipa's motion for summary judgment, or in the alternative, to compel arbitration (Order), regarding claims brought by him by Plaintiff-Appellee Henry Haalilio Peters (Peters) for alleged breaches of attorney-client confidentiality in conjunction with certain grand jury testimony given by Aipa. The Order was filed on December 7, 2005, in the Circuit Court of the First Circuit (Circuit Court).
Aipa argues the Circuit Court erred when it denied his motion seeking either summary judgment in his favor or, in the alternative, to compel arbitration because Peters allegedly released Aipa from liability and agreed to arbitrate disputes regarding the release when Peters entered into a broad settlement agreement with, inter alia, the Attorney General of Hawai'i (AG), Kamehameha Schools Bishop Estate (KSBE), KSBE's interim trusteees, and Peters's (former) co-trustees for KSBE.
. . . .
For the reasons set forth above, we vacate the Circuit Court's Order as to the denial of Aipa's request to compel arbitration, dismiss this appeal, without prejudice, as to the denial of summary judgment, and remand this case to the Circuit Court for further proceedings consistent with this Opinion. [footnote omitted]