Gary G. Grimmer , Partner

Gary Grimmer is a partner in the firm's Honolulu office and is a member of the Litigation & Alternative Dispute Resolution practice group. He concentrates his practice on 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.  He is listed in Chambers USA:  America's Leading Lawyers for Business, in Litigation: General Commercial.

Representative Matters

Product Liability

• Served as counsel on Hawaii cases in claims concerning defective and improperly tested prescription drugs against national pharmaceutical firms.
• Defended manufacturer of helicopters in federal product liability suit. Demonstrated pilot error which resulted in verdict for the defense.
• 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.
• Obtained jury defense verdict for large ocean shipping carrier in antitrust tying case.
• Obtained jury defense verdict for stevedore operator in alleged monopoly case.
• 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.
• 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.
• 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.
• 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.
• 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.

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.
• Ongoing representation in court of various clients on title issues.

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 it's 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.
• 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.
• 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.
• Defended hardboard siding manufacturers in claims alleging defective siding.
• Prosecuted claims that warehouse was defectively constructed.
• 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.

Distinctions

• Selected by attorney peers for inclusion in Hawaii Super Lawyers, 2008,for Business Litigation, Washington Law & Politics
• Listed in Chambers USA:  America's Leading Lawyers for Business, in Litigation: General Commercial
• Highest "AV" Professional Rating, Martindale-Hubbell Law Directory

Affiliations

• Hawaii State Bar Association
• Executive Committee of the Ninth Circuit Judicial
• Lawyer Representative to the Ninth Circuit
• American Judicature Society
• Defense Research Institute
• Hawaii State Judicial Conference, 1989- 1995
• Hawaii Federal Judicial Conference, 1995- 1998
• National Moot Court Team
• Hawaii Campaign Spending Commission, 1990- 1993