The Hawaii Supreme Court recently reaffirmed that its standards for a case being "ripe" for an appeal continue to be very strict. On March 20, 2006 in a case called Johnson v. Nakkim, Sup. Ct. Case No. 27682 (an appeal from a Third Circuit case, Case No. 05-1-0141), the Hawaii Supreme Court dismissed the defendant's appeal for lack of appellate jurisdiction. Among other things, to have an appeal as of right, the Court stated (1) that all claims by and against all remaining parties in the action be completely adjudicated and resolved and (2) that the orders resolving the claims must be reduced to a judgment in favor of and against the appropriate parties pursuant to Rule 58 of the HRCP. The Court reaffirmed that if these conditions are not met and an appeal is taken from a decision that has not been reduced to a final judgment, that the Supreme Court will dismiss the appeal for lack of appellate jurisdiction.
Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.
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