Maui Wildfire Settlement, Hawaii Supreme Court Upholds Attorney Fee Caps, Clearing the Path for $1.1 Billion in First Payouts

Case: In re: Petition for the Coordination of Individual Plaintiffs Maui Fire Cases Hawaiʻi Supreme Court Case No.: SCAP-26-0000484 Underlying Special Proceeding: 2CSP-23-0000057 Decision Date: September 30, 2026

The biggest legal obstacle to the first payouts from the $4.037 billion Maui wildfire settlement has been removed. On September 30, 2026, the Hawaiʻi Supreme Court upheld the core of a Maui Circuit Court order that caps attorney fees and sets aside a $222 million Common Benefit Fund for lawyers whose work benefited all claimants. The fee dispute had been holding up distributions to thousands of fire victims.

Important: This ruling is not a new settlement and does not open a new claim period, claim form, or deadline. The claims deadlines on the official portal (November 3 and December 5, 2025) have already passed. The ruling matters to people who already filed claims.

Quick Facts: Maui Wildfire Settlement

Question	Answer
Total global settlement	$4.037 billion
First distribution discussed in reporting	About $1.1 billion
Common Benefit Fund	$222 million
Fee cap: clients retained on/after Aug. 19, 2024	Up to 3% (automatic schedule)
Fee cap: clients retained before Aug. 19, 2024	Up to 8.33% (automatic schedule)
Fee cap: trial-set cases	Up to 10% (automatic schedule)
Prior contingency fee allowed under Hawaii law	Up to 25%
Number of claimants	About 21,750
New claim deadline created by ruling?	No
Prior claims-document deadline	November 3, 2025
Prior supporting-document deadline	December 5, 2025
Claims administrator	BrownGreer
Supreme Court case number	SCAP-26-0000484

What Did the Hawaii Supreme Court Decide on September 30, 2026?

The appeal was about attorney fees, not about whether the settlement itself should go forward.

The court held that the Maui Circuit Court, which supervises the coordinated wildfire cases, had authority to issue the fee order and to oversee settlement administration. It also relied on the common fund doctrine, which lets courts compensate legal work that creates or preserves a fund benefiting people beyond one lawyer’s own clients.

The Supreme Court affirmed the fee order as modified. It kept the fee schedule and the $222 million Common Benefit Fund, but removed three provisions that improperly restricted appellate review of fee decisions. The case was sent back for further proceedings consistent with the opinion.

Why Were Maui Wildfire Payments Delayed?

Settlement money could not be distributed while the fee structure was under challenge.

• August 8, 2023: The Maui wildfires devastate Lahaina, Kula, and Upcountry Maui.
• August 2024: A roughly $4 billion global settlement is announced with Hawaiian Electric, the State of Hawaiʻi, Maui County, Kamehameha Schools, and other defendants.
• June 5, 2026: Circuit Judge Peter Cahill issues an order limiting attorney fees. Lawyers had been positioned to collect roughly $1 billion under standard contingency contracts, which Hawaii law allowed at up to 25%.
• July 2, 2026: Attorneys Anthony Ranken, Alex Edrenkin, and John Thickstun, along with claimant Michael Adrian Kahaleala Bates, appeal.
• August 5, 2026: The Hawaiʻi Supreme Court accepts transfer of the appeal.
• September 15, 2026: Oral argument is held.
• September 30, 2026: The Supreme Court rules.

The objecting lawyers argued that the court overstepped by changing signed fee contracts and that the $222 million fund took money from clients to pay lawyers they never hired. The Supreme Court rejected the challenge to the core of the order.

Maui Wildfire Attorney Fee Caps: Full Breakdown

Automatic Fee Schedule

Under the automatic schedule, fees come out of the claimant’s own recovery through BrownGreer with no separate application or hearing:

• 3% for clients who retained counsel on or after August 19, 2024
• 8.33% for clients who retained counsel before August 19, 2024
• 10% for trial-set cases retained before the cutoff
• 1% for One ʻOhana Fund claimants
• 8.33% for subrogating insurers
• 5% for class counsel

Above-Cap Fee Requests

Attorneys may ask the circuit court for higher fees and present evidence at a hearing. The ceilings on that route are:

• 3.5% for clients retained on or after August 19, 2024
• 10% for clients retained before August 19, 2024
• 12.5% for trial-set cases

Class counsel may also seek additional fees of up to 7.25% of the $135 million class settlement. The Supreme Court left these provisions in place.

The $222 Million Common Benefit Fund

The $222 million is not a flat deduction from every claimant’s check. The circuit court ordered BrownGreer to set it aside from the global settlement before distribution, to compensate lawyers whose shared work benefited all claimants, such as litigating the insurer appeals that protected the settlement.

• Participation is voluntary.
• A Common Fee Review Board evaluates applications from eligible Hawaiʻi-licensed attorneys representing individual plaintiffs.
• Any portion the Board does not award is returned to claimants in proportion to their net recoveries.

What Changed on Appeal

The circuit court’s order had said Common Benefit Fund awards were final and unappealable, could void an attorney’s award if an appeal was filed, and could freeze certain fee payments during an appeal. The Supreme Court removed those provisions. Common Benefit Fund awards remain reviewable by the circuit court, and above-cap orders remain subject to ordinary appellate review.

What Does the $1.1 Billion Payout Mean for Claimants?

The roughly $1.1 billion figure is the first distribution discussed in reporting. It is not a new settlement and not a separate claim program. It is part of the $4.037 billion global settlement.

Funding is paid in installments. Hawaiian Electric and its parent are responsible for $1.99 billion of the total, including $75 million previously contributed to the One ʻOhana Initiative. The first $479 million installment was paid on April 10, 2026, with further installments due in April 2027, 2028, and 2029 unless accelerated.

The $1.1 billion figure does not tell you what any one person will receive. Payments depend on approved claims, claim category, attorney fees, medical liens, offsets, and other deductions.

Who Is Eligible for the Maui Wildfire Settlement?

The settlement covers about 21,750 claimants, including individuals, families, and businesses with property damage, economic loss, serious injury, or wrongful death tied to the August 2023 fires. The Supreme Court decision does not expand eligibility.

The Individual Settlement Program began accepting Claims Questionnaires and supporting documents on June 30, 2025. The published deadlines were November 3, 2025 for signed releases, completed questionnaires, and certain medical-lien documents, and December 5, 2025 for supporting documents.

Anyone who never filed should not assume the ruling gives them a new chance. If you believe you have an unresolved claim, contact the official settlement program or a qualified attorney for case-specific guidance.

When Will Maui Wildfire Settlement Payments Be Made?

The ruling removes the fee appeal as an obstacle, but the court did not set a single payment date. Payments still depend on claim determinations, lien resolution, and settlement administration, so timing will vary by claimant. Watch the official portal and communications from your attorney for payment notices.

What Existing Claimants Should Do Now

1. Log in to the official Maui Wildfire Cases Portal using the email address you registered with and your claimant credentials. Represented claimants may have access managed through their law firm.
2. Review your settlement notices for claim determinations, releases, payment details, attorney fees, liens, and other deductions.
3. Check your fee deduction. Confirm your attorney is applying the court-ordered schedule (3%, 8.33%, or 10% where applicable) rather than an old contingency rate. Questions about your individual deduction go to your attorney.
4. Keep your contact and payment information current to avoid delays when distributions begin.
5. Watch for lien resolution. Medicare, Medicaid, and other medical liens may need to be resolved before certain injury payments are released.

Beware of scams. There is no new “Maui wildfire $1.1 billion claim form.” Use only the official settlement portal and be cautious of websites, calls, texts, or emails claiming to offer one.

Are Maui Wildfire Settlement Payments Taxable?

AllAboutLawyer.com does not provide tax advice, but general IRS rules for lawsuit settlements work roughly like this:

• Physical injury and wrongful death: compensation is generally not taxable at the federal level.
• Property damage: generally not taxable income to the extent it does not exceed your adjusted basis in the property.
• Lost wages and business income: generally taxable.
• Punitive damages: taxable.

Because each claim is allocated differently, consult a CPA or tax professional about your specific award.

Key Dates in the Maui Wildfire Settlement

Date	Event
August 8, 2023	Maui wildfires devastate Lahaina, Kula, and Upcountry Maui
August 2024	Global settlement announced
November 1, 2024	Individual and class settlement agreements dated
June 2025	Circuit Court approves Individual Settlement Agreement and Plan
June 30, 2025	Individual Settlement Program begins accepting claims documents
November 3, 2025	Deadline for releases, questionnaires, and certain medical-lien documents
December 5, 2025	Deadline for supporting documents
April 10, 2026	Hawaiian Electric pays first $479 million installment
June 5, 2026	Maui Circuit Court issues attorney-fee order (amended June 10)
August 5, 2026	Hawaiʻi Supreme Court accepts transfer of the appeal
September 15, 2026	Oral argument
September 30, 2026	Supreme Court affirms fee order as modified

Frequently Asked Questions

Is the Maui wildfire settlement $4.037 billion?

Yes. The Hawaiʻi Supreme Court’s September 30, 2026 opinion identifies the global settlement as $4.037 billion.

Is there a new Maui wildfire claim form or deadline after the ruling?

No. The ruling did not create a new claim period or form. The published deadlines of November 3 and December 5, 2025 have passed.

How much can Maui wildfire lawyers take from my settlement?

Under the automatic schedule, up to 3% if you hired your lawyer on or after August 19, 2024, up to 8.33% if you hired before that date, and up to 10% for certain trial-set cases. A separate above-cap process allows higher fees only after a court hearing, with ceilings of 3.5%, 10%, and 12.5%.

Does the ruling mean lawyers can never charge more than 3%?

Not necessarily. The order has several tiers and an above-cap route. The Supreme Court upheld those structures while removing provisions that improperly limited appeals.

What is the $222 million Common Benefit Fund?

A fund set aside from the global settlement to compensate lawyers whose common work benefited all claimants. It is separate from the automatic individual fee schedule, participation is voluntary, and unawarded money returns to claimants.

Will every claimant get a share of the $1.1 billion?

No. It is the first distribution discussed in reporting, not an equal split. Individual payments depend on approved claims and deductions.

When will payments start?

The court set no single date. Payments depend on claim determinations, lien resolution, and administration.

How did the fee caps help victims?

Standard contingency contracts would have sent roughly $1 billion to attorneys. The caps keep more of the settlement with claimants.

Can someone who never filed a claim file one now?

The ruling creates no new filing period. Contact the official settlement program or a qualified attorney about your specific situation.

What is the Maui wildfire case number?

The Supreme Court appeal is SCAP-26-0000484. The underlying circuit court proceeding is 2CSP-23-0000057.

Related AllAboutLawyer Coverage

Following Hawaiian Electric litigation? See our separate guide, Hawaiian Electric $47.75M Securities Settlement: How to Claim. That is a securities class action for investors and is not the same case as the $4.037 billion Maui wildfire tort settlement.

Disclaimer: This article is for informational purposes only and is not legal or tax advice. Settlement rights, payment amounts, and deadlines depend on individual circumstances and the governing court orders and settlement documents.

Sources

1. Supreme Court of Hawaiʻi, In the Matter of the Petition for the Coordination of Individual Plaintiffs Maui Fire Cases, SCAP-26-0000484, opinion filed September 30, 2026. https://www.courts.state.hi.us/wp-content/uploads/2026/09/SCAP-26-0000484.pdf
2. Maui Wildfire Cases Portal (Individual Settlement Program, BrownGreer). https://www.mauiwildfirecases.com/
3. U.S. Securities and Exchange Commission, Hawaiian Electric Industries / Hawaiian Electric Form 8-K, April 10, 2026. https://www.sec.gov/Archives/edgar/data/46207/000035470726000026/he-20260410.htm
4. U.S. Securities and Exchange Commission, Hawaiian Electric Industries / Hawaiian Electric filing dated June 30, 2026 (total $1.99 billion contribution and remaining installments).
5. Hawaiʻi State Judiciary, official appellate opinions page (September 30, 2026 filing).
6. Civil Beat, “A Win For Survivors: Judge Caps Maui Fire Legal Fees At $222M,” June 2026. https://civilbeat.org/2026/06/a-win-for-survivors-judge-caps-maui-fire-legal-fees-at-222m/
7. Honolulu Star-Advertiser, “Maui wildfire settlement payments delayed again,” August 16, 2026. https://www.staradvertiser.com/2026/08/16/hawaii-news/maui-wildfire-settlement-payments-delayed-again/
8. Hawaii News Now, “Law firm fights judge’s ruling on attorney fees in Maui wildfire settlement,” July 30, 2026. https://www.hawaiinewsnow.com/2026/07/30/law-firm-appeals-judges-ruling-attorney-fees-maui-wildfire-settlement/