Gary G. Grimmer , Partner

Gary G. Grimmer concentrates in the area of civil litigation and dispute resolution.  In thirty-three years  of trial, arbitration and mediation experience, Mr. Grimmer has represented both corporate and individual clients in a wide variety of commercial litigation and has specialized expertise in business disputes, products liability defense, insurance litigation, antitrust litigation, and appellate work. Mr. Grimmer is currently the Chief Trial Attorney of the firm's Hawaii Litigation Group.  Some examples of his work include:

Product Liability  Served as counsel on Hawaii cases in claims concerning defective and improperly tested prescription drugs against national pharmaceutical firms. 

Product Liability  Defended manufacturer of helicopters in federal product liability suit.  Demonstrated pilot error which resulted in verdict for the defense.

Product Liability  Defended automobile, motorcycle, all terrain vehicle and tractor manufacturers in product liability suits.  Demonstrated pre-existing injuries and evidence tampering.   Obtained series of successful settlements.

Admiralty/Scuba  Defended professional scuba instructors and their industry association in scuba dive cases alleging negligence and products liability in scuba accidents.  Mr. Grimmer is a certified scuba diver.

Antitrust  Defended tour bus operator in suit by competitor claiming unfair competition and antitrust violation through conspiracy to violate tariff.  Demonstrated that client's tariff violations were not the cause of competitor's financial problems and no damages were awarded by the jury.

Antitrust  Obtained jury defense verdict for large ocean shipping carrier in antitrust tying case.

Antitrust  Obtained jury defense verdict for stevedore operator in alleged monopoly case.

Antitrust  Represented gasoline wholesaler/retailer in State Attorney General's suit alleging that Hawaii gasoline prices are high because of a conspiracy among suppliers. Favorable settlement obtained.

Antitrust  Obtained defendants agreed to termination of acquisition plan after filing suit seeking to enjoin on basis of attempted monopolization.

Unfair Competition  Defending largest metal scrap processor in U.S.A. in claim by alleged private competitor that its Hawaii division competes unfairly by violating a City ordinance concerning the residue it deposits in the City landfill.  Ongoing.

Mergers and Acquisitions  Defending acquirer's attorney on claims that he conspired with seller's Board to favor acquirer's alleged lower priced offer.  Suit by dissenting shareholders of seller.

Mergers and Acquisitions  Filed lawsuit in State Court seeking to enjoin acquisition by largest producer in industry of second largest producer as an attempt and conspiracy to monopolize and an unfair method of competition.  After three months of court room hearings, producers called off acquisition.

Professional Liability  Defending real estate brokerage businesses on claims for professional liability and in drafting proposed legislation.

Securities Broker/Dealer Liability  Served as counsel on Hawaii cases for claims against New York Stock Exchange brokerage firm.  These claims are usually subject to National Association of Securities Dealers (NASD) arbitration under the broker/customer account  agreement.  Handled a variety of claims, including omission to provide material information, churning and inappropriate investments for customers needs.

Lender Liability  Defended subsidiary of Fortune 10 company in complicated case involving client's loan to customer A who was using the loan to lend to customer B to pay off client.  When customer A later tried to strictly foreclose on customer B, B sued client claiming conspiracy to take his home.  Eventually settled for nuisance value.

Commercial Lease  Defended owner of shopping center in suit by former tenant for breach of contract, fraud, emotional distress, and punitive damages on claim that management had not fulfilled prelease agreements.  Obtained ruling striking jury trial and dismissing majority of claims.  Judge trial proceeded on contract claims alone.

Land Purchase Rescission  Represented land developer in claims against seller for failure to disclose flood zone designation changes.  Jury verdict found that the seller committed fraud and awarded rescission, compensatory damages, and punitive damages of $1.45 million dollars.  Defended other sellers various times for alleged misrepresentation.

Partnership Dispute  Defended real estate partnership in suit by former partner for compensation in excess of $5 million dollars above proportional share of profits.  Dismissed without trial.  Demonstrated that partnership had not agreed to alternate profit sharing arrangement.

Professional Liability  Defended attorney in suit by former clients who claimed professional negligence in connection with attorney's investment counseling for personal injury awards.  Expert witness used to demonstrate strength of client's case.  Case was settled for a small sum.

Quiet Title  Represented individual in efforts to clear title to land contested by individual claiming to be heir of Hawaiian royalty.  Client's testimony was videotaped due to deteriorating health problems.  Jury viewed videotape and awarded clear title to client.

Quiet Title  Ongoing representation in court of various clients on title issues.

Commercial Lease  Represented hotel owner and operator in suit to cancel nightclub lease for offensive conduct by nightclub management and patrons.  Case required plaintiff to prove multiple incidents of offensive or illegal behavior.  Jury verdict upheld lease cancellation and subsequent appeal dismissed all damages awarded to the nightclub on counterclaim.

Commercial Lease  Represented large landowner in arbitration of ground lease rent re-opener.  Lessee was litigious and made several attempts to derail lease mandated arbitration by court challenges.  Under court order, Lessee finally participated in arbitration.  Arbitration award supported landowner's valuation. 

Insurance Claims  Continuing representation of insurance carriers or large insureds in declaratory judgment suits seeking coverage for losses.

Insurance Brokerage  Defended independent insurance brokerage on claim that its providing a loss control consultant to its clients assumed the insured's duty to provide a safe work place to its employees.

Land Use  Represented multiple owners and associations in suits concerning enforceability of restrictive covenants on land use and building design.

Land Use  Represented Maui beach front owners seeking to build single-family dwelling in contested case hearing before County Planning Commission concerning shoreline management rules dispute.  Planning Commission rejected Hearing Officer's recommendation and granted client's appeal. 

Land Use  Represent Kauai Developer in federal court on claim that the County Planning Commission violated its constitutional property rights and 42 USC  1983 by ignoring its deemed approved development permits applications.  County settled and issued development payments.

American Disabilities Act (ADA) and Fair Housing Act (FHA) Litigation  Defended resort hotels, strip shopping centers, stand alone retail buildings, residential condominiums and public transit operator in suits alleging violation of the ADA and/or FHA.  All ended in settlements.

Wrongful Termination of Employment  Defended management against a variety of claims of wrongful termination of employment.

Defamation and Free Speech  Defended plaintiffs medical malpractice attorney in suit by physician he had sued in a medical malpractice case.  Litigation lasted for years before settlement.  Both parties were extraordinarily determined.  Every aspect of defamation and free speech was researched and most of it argued.

Construction Defects  Defended supplier of 120 foot, 150,000 pound pre-cast concrete girders supplied to elevated interstate highway project for allegations of defective products.  Litigated alleged breaches by architects and contractors in failing to perform in a workmanlike manner.

Construction Defects  Defended hardboard siding manufacturers in claims alleging defective siding.

Construction Defects  Prosecuted claim that warehouse was defectively constructed.

Construction Defects  Represent national health care provider on claims against general contractor and architect of record for multiple failures, including floor levelness and flatness.

Environmental Clean Up  Defended owner of land on which cane sugar processing mill operated for 80 plus years from CERCLA and Hawaii state counterpart law claims that owner had to clean up the site.  Mill operators were also defendants.  Obtained inexpensive settlement.

Consumer Real Estate Lending  Successfully avoided certification of a class in claims in Federal Court under the Real Estate Settlement Practices Act.  Lack of certification ended the case.

LLC Workout  Represent majority of members in claim by minority owner that majority purposefully excluded him from the LLC's business opportunities.

Sexual Assault  Defended employer and manager from claim that manager had sexual relationship with former employee decades earlier.

Premises Liability  Defended retail store on claim of negligent hiring of employee that allegedly used unreasonable force in evicting a patron.