Duane R. Miyashiro is a partner and the Chair of Carlsmith Ball LLP's Litigation & Alternative Dispute Resolution Practice Group. He concentrates his practice on complex commercial litigation. Mr. Miyashiro has handled numerous trials and arbitrations in a variety of disputes involving admiralty/maritime litigation, commercial and business disputes, real property disputes, insurance litigation, trust litigation, and products liability defense. By appointment of the Circuit Court, Mr. Miyashiro has served as an arbitrator in many civil cases.
Admiralty/Maritime Represented cruise lines, shipping companies and tug boat operators in environmental issues, OPA 90 claims, Coast Guard compliance issues, and Jones Act, unseaworthiness and negligence claims. Obtained summary judgment for cruise line in wrongful death claim. Defended professional scuba instructors in personal injury and wrongful death claims.
Commercial/Business Disputes Represented clients with business disputes, including breach of contract claims, antitrust, intellectual property issues, landlord-tenant disputes, limited liability company disputes, accounting, misappropriation, non-compete issues, and fraud and misrepresentation claims.
Crisis Management Obtained temporary, preliminary and permanent restraining Orders and coordinated with local and Federal law enforcement agencies to prevent criminal acts for workplace violence concerns, theft and embezzlement.
Insurance Coverage Represented insurance brokers and carriers and insureds in insurance coverage disputes and bad faith claims.
Product Liability/Toxic Tort Defended pharmaceutical companies as well as manufacturers of ships, industrial equipment, exercise equipment, and automobiles, and an automobile rental company in product liability claims. Defended manufacturers, property owners and commercial tenants in toxic tort claims, including asbestos claims.
Real Property Disputes Represented property owners, property managers, and real estate brokers and agents in disputes involving commercial and residential properties, including disputes arising out of Purchase and Sale Agreements, land use and zoning issues, boundary disputes, diversion of surface waters and development projects.
Trust Litigation Represents and advises Trustees and fiduciaries in will contests, disputed accounting, and breach of fiduciary duty claims.
Prior Work Experience
- Honolulu Police Department, Officer
- Selected by attorney peers for inclusion in The Best Lawyers in America 2017 for Litigation - Real Estate; listed in the publication since 2015
- Selected by attorney peers for inclusion in Hawai`i Super Lawyers 2016 for Business Litigation
- Highest "AV" Professional Rating, Martindale-Hubbell Law Directory
- American Judicature Society, Secretary
- Hawai`i State Bar Association
- Honolulu Board of Water Supply, Chair
- Pacific Century Fellows
- The 200 Club
Areas of Practice
- Litigation & Alternative Dispute Resolution
- Commercial Litigation
- Real Estate Litigation
- Trust Litigation
- U.S. District Court District of Hawaii
- U.S. Court of Appeals 9th Circuit
- U.S. Supreme Court
- University of San Francisco School of Law,San Francisco,California
- University of Hawaii