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.”
