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DAVIS v. FOUR SEASONS HOTEL LTD.

No. 29862.

228 P.3d 303 (2010)

Daryl Dean DAVIS, Mark Apana, Elizabeth Valdez Kyne, Earl Tanaka, Thomas Perryman, and Deborah Scarfone, on behalf of themselves and all others similarly situated, Plaintiffs/Appellants, v. FOUR SEASONS HOTEL LIMITED, dba Four Seasons Resort, Maui and Four Seasons Resort, Hualalai, and MSD Capital, Inc., Defendants/Appellees.

Supreme Court of Hawai`i.

March 29, 2010.

Attorney(s) appearing for the Case

Ashley K. Ikeda (Weinberg, Roger & Rosenfeld), Honolulu; Harold L. Lichten and Shannon Liss-Riordan, pro hac vice (Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan), for plaintiffs-appellants.

Wayne S. Yoshigai and Nathan B. Hong (Torkildson, Katz, Moore, Hetherington & Harris), Honolulu; Paul E. Wagner, pro hac vice (Shea Stokes Roberts & Wagner), for defendants-appellees.

MOON, C.J., NAKAYAMA, DUFFY, and RECKTENWALD, JJ.; with ACOBA, J., dissenting.

Opinion by RECKTENWALD, J.

Plaintiffs-Appellants (collectively "Employees") have been or currently are employed as banquet servers at the Defendants-Appellees Four Seasons Resort, Maui or Four Seasons Resort, Hualalai on the island of Hawai`i. Employees filed a class action complaint against Defendants-Appellees1 (hereinafter collectively referred to as "Four Seasons") in the United States District Court for the District of Hawai`i (district...

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