Hawaii Supreme Court Reviews $222M Fee Cap in Maui Wildfire Litigation
Hawaii Supreme Court reviews judge's $222 million attorney fee cap in Maui wildfire case.
Why it matters: This ruling could set new precedents on attorney fee limits in large tort settlements, impacting legal strategies and compensation frameworks in mass tort cases.
- Judge Peter Cahill capped attorney fees at $222 million from the $4.03 billion Maui wildfire settlement on June 5, 2026.
- The tiered fee structure limits fees to 8.33% for pre-settlement clients, 10% for trial-ready cases, and 3% for post-settlement signings.
- A $222 million Common Benefit Fund rewards collective attorney efforts, allocating more to those with substantial contributions.
- On September 15, 2026, the Hawaii Supreme Court heard appeals challenging the fee caps, citing authority concerns and potential impact on legal representation.
After the devastating August 2023 Maui wildfires, which caused 102 deaths and destroyed over 2,200 structures, a $4.03 billion settlement addressed claims from approximately 21,750 plaintiffs.
On June 5, 2026, Maui Circuit Judge Peter Cahill issued an order capping attorney fees at $222 million, reducing significantly from the $1 billion initially requested by involved lawyers. The order established a tiered fee structure: attorneys with clients retained before the settlement announcement qualify for 8.33% of recoveries; those with cases trial-ready may receive up to 10%; and lawyers who signed clients after the settlement announcement face a 3% fee cap.
The judge also created a $222 million Common Benefit Fund—a shared pool compensating attorneys who contributed collectively to the litigation—with larger shares assigned to those whose work substantially benefited all plaintiffs.
On September 15, 2026, the Hawaii Supreme Court heard arguments from attorneys appealing the fee cap. The appellants contend Judge Cahill exceeded his authority and that strict limits risk discouraging lawyers from handling mass torts, potentially undermining access to justice.
Lead attorney Jesse Creed supported the judge's fee limitations as reflecting community sacrifice, emphasizing the importance of balancing fair compensation with victim recovery. Governor Josh Green stressed maximizing funds for wildfire survivors and Maui’s rebuilding efforts.
By the numbers:
- $222 million — attorney fees capped by Maui Circuit Judge Peter Cahill
- $4.03 billion — total settlement in Maui wildfire litigation
- 21,750 — plaintiffs involved in the settlement
Yes, but: Opponents argue that strict fee caps could deter attorneys from taking mass tort cases, possibly limiting legal representation for future victims.
What's next: The Hawaii Supreme Court is expected to issue its ruling later in the year, which could set a new standard for attorney fee management in major tort settlements.