Judge Dismisses Retaliation Lawsuit Against OHA Trustees Individually
CB: … Circuit Court Judge Steven Nichols determined Thursday that the case will proceed, but only against OHA. He dismissed all other claims against the trustees and Sylva, ruling that they should not have been individually sued in the first place. And because they shouldn’t have been named to begin with, he also tossed legal filings made by four dissenting trustees.
Doing so, he said, should let the trustees resolve their differences in the boardroom instead of the courtroom. ….
Read … Judge Dismisses Retaliation Lawsuit Against OHA Trustees
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Trustee Akina Statement: Court Affirms Trustees' Right to Speak Out Following Ruling in Ferreira Litigation
HONOLULU, Aug. 6, 2027 — Statement of Trustee Keliʻi Akina regarding the circuit court’s ruling on the answer filed by four OHA trustees in the Ferreira litigation:
Although the court ruled to strike the four trustees’ answer, the judge explained it was on narrow procedural grounds: namely, that we should never have been made parties to the suit to begin with, and we have since been dismissed as defendants in our official capacities. The judge also made clear that the ruling would not limit our ability to speak out or make our views known.
I was pleased with the judge’s affirmation that trustees retain the right to voice differing views in matters affecting the agency and its beneficiaries.
The purpose of standing apart from the majority of trustees was to fulfill my fiduciary obligation to put OHA’s beneficiaries first, not to defend potentially wrongful actions of the board. Going forward, I am pleased that these actions are now part of the public record and will, I hope, soon be adjudicated by the courts.
Mahalo,
Trustee Keli‘i Akina, Ph.D.
Ke Kua Aupuni | Trustee At-Large
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Court dismisses all claims against OHA trustees; strikes unauthorized filing
News Release from OHA, Aug 6, 2026
Rulings narrow the dispute to Ferreira vs. OHA and affirm the Board of Trustees and its chosen counsel will direct the agency’s litigation going forward.
Judge Steven Nichols today ruled on five pending motions in Ferreira v. Office of Hawaiian Affairs, et al.
Among them, the court issued four rulings of significance to the case’s path forward, dismissing all claims against OHA’s trustees in both their individual and official capacities, establishing OHA as the sole remaining defendant.
On the principal motions, the court ruled as follows:
The court dismissed all claims against trustees in both their individual and official capacities. The dismissal removes the individual trustees from the case entirely, resolving the claims that had named them personally as well as in their roles on the Board. OHA is now the sole defendant allowing the Board and its chosen counsel to direct the agency’s litigation moving forward.
The court granted OHA’s motion to strike the June 26, 2026 Answer filed by four trustees. The ruling confirms that legal positions taken on behalf of OHA require authorization by its Board through a duly noticed meeting.
The court denied the motion to disqualify Dentons US LLP, which will continue to represent OHA.
“Today’s court rulings are an important moment for OHA, not because of what they mean for the litigation, but because they allow us to move forward together,” said Kaialiʻi Kahele, Chairperson and Hawaiʻi Island Trustee for the Office of Hawaiian Affairs. “Our beneficiaries can be confident that the trust remains protected, our employees can remain focused on serving our mission, and OHA can move forward united in service to our lāhui. We are all in one waʻa, bound by our collective responsibility to protect Native Hawaiian resources and faithfully serve our beneficiaries. That responsibility remains unchanged.”
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1CCV-25-0001822 Ferreira v OHA
Minutes
8/6/2026 Hearing re Defendants' Motion to
(1) Dismiss Counts I-XIV of the First Amended Complaint, and to Compel Arbitration,
(2) Stay the Litigation, and
(3) Dismiss Kaiali'i Kahele, Keoni Souza, Dan Ahuna, Brickwood Galuteria, John D. Waihe'e IV, and Summer Sylva in Their Official and Individual Capacities (Docket 153)
*** FTR Recorder: Courtroom 5B *** Judge: S. Nichols Law Clerk/Bailiff: J. Park Court Clerk: Y. Tumamao Present (In Person): - Lanson K. Kupau, Margery S. Bronster, and Daniel J. Comer for Plaintiff Stacy Kealohalani Ferreira - Paul Alston and Janna W. Ahu for Defendants Office of Hawaiian Affairs; Kaiali'i Kahele, Individually and in His Official Capacity; Keoni Souza, Individually and in His Office Capacity; Dan Ahuna, Individually and in His Official Capacity; Brickwood Galuteria, Individually and in His Office Capacity; John D. Waihe'e IV, Individually and in His Official Capacity; and Summer L.H. Sylva, in Her Individual Capacity - John S. Mackey for Defendants Carmen Hulu Lindsey, Kalei Akaka, Keli'i Akina, and Luana Alapa, Each in Their Official Capacity - Blaze Lovell, Honolulu Civil Beat
9:02 Case called, appearances noted.
9:03 Court addressed the Application for Extended Coverage submitted by Honolulu Civil Beat. No objections raised by the parties. Court granted the application.
9:06 Discussion had regarding the order of business.
9:10 Court addressed Defendants' Motion to
(1) Dismiss Counts I-XIV of the First Amended Complaint, and to Compel Arbitration,
(2) Stay the Litigation, and
(3) Dismiss Kaiali'i Kahele, Keoni Souza, Dan Ahuna, Brickwood Galuteria, John D. Waihe'e IV, and Summer Sylva in Their Official and Individual Capacities (Docket 153) only as it concerns arbitration.
Arguments presented by Mr. Alston, Mr. Kupau, and Mr. Mackey regarding the arbitrability issue.
9:48 For the reasons stated during the hearing, the Court denied the motion (Docket 153) only as it concerns the arbitration issue.
9:57 Recess.
10:06 Reconvened. Case recalled.
10:07 Court addressed remainder of the issues raised in the motion to dismiss (Docket 153).
10:12 - 10:26 Arguments presented by Mr. Alston on the remainder of issues in the motion to dismiss (Docket 153).
10:26 - 10:36 Arguments presented by Mr. Alston on Defendant Office of Hawaiian Affairs' Motion to Strike the Four Trustees' Answer Dkt. 162 as Unauthorized and Non-Binding on OHA (Docket 206).
10:36 - 10:47 Arguments presented by Mr. Kupau regarding the motion to dismiss (Docket 153).
10:47 - 11:09 Arguments presented by Ms. Bronster regarding the motion to strike (Docket 206) and Plaintiff's motion to disqualify (Docket 190).
11:09 Recess.
11:39 Reconvened.
11:40 - 11:59 Arguments presented by Mr. Mackey regarding motions to dismiss (Docket 153), strike (Docket 206), and disqualify (Docket 190).
11:59 - 12:07 Arguments presented by Mr. Alston regarding Plaintiff's motion to disqualify (Docket 190).
12:07 The Court ruled on the remaining issues in the motion to dismiss (Docket 153) as follows: Counts 1 through 12: Granted as to all named defendants in their individual and official capacity. Count 13: Granted. Count 13 is dismissed with prejudice. Count 14: Granted. Count 14 is dismissed with prejudice. Motion to dismiss (Docket 153) is granted in part (dismissals) and denied in part (arbitration). Remaining parties are Plaintiff Ferreira and Office of Hawaiian Affairs.
12:23 The Court denied Plaintiff's motion to disqualify (Docket 190).
12:25 The Court denied the motion to strike (Docket 206).
12:27 The Court denied without prejudice the motion to compel (Docket 188).
12:29 The Court denied Defendants Carmen Hulu Lindsey, Kalei Akaka, Keli'i Akina, and Luana Alapa, each in their official capacities' Substantive Joinder (Docket 204) to Plaintiff's motion to disqualify (Docket 190). Mr. Alston to prepare the appropriate orders for each of the motions and joinder.
12:30 - 12:37 The Court convened a scheduling conference. Jury-Waived Trial set for the week of October 25, 2027, first set. Settlement Conference will be with another judge. Parties were ordered to engage in mediation no later than May 3, 2027.
12:38 Concluded.