Greg Kugle concentrates his practice in the area of litigation.  He has worked in the areas of commercial disputes, construction, land use, real estate, antitrust, product liability, personal injury, aviation, bankruptcy, admiralty and Native Hawaiian rights.  He has litigated cases before the Hawaii Circuit Courts and the United States District Court, and has handled appeals before the Hawaii Supreme Court and the Ninth Circuit Court of Appeals. Some examples of his work include:

Land Use Litigation:

Successfully litigated inverse condemnation and vested rights claims of property owners against State and local governments. Obtained summary judgment establishing the right of the property owners in East Honolulu to receive just compensation from the City following the illegal downzoning of the property. Obtained summary judgment dismissing challenges to the use of agricultural land on Molokai for open area recreational uses. Represented property owners in eminent domain proceedings initiated by the State and by the counties. Represented ocean front landowners on Maui, Oahu and Molokai with respect to shoreline setback, seawall, and fish pond issues. Defended property owners in enforcement actions by State and local zoning enforcement authorities concerning clean water, grubbing, grading, and building and zoning code violations.

Construction:

Represented owners, general contractors, subcontractors, suppliers and design professionals in all manner of construction litigation and arbitration, from mechanics' liens, to construction defects, to delay claims, to construction site injury claims. Successfully defended the original designer of the Koror Bridge in Palau, which after more than 20 years of service collapsed into the ocean just months after a new design team completed an extensive retrofit. Litigated and arbitrated construction disputes on such projects as the First Hawaiian Tower, Lowe's at Kona, Discovery Bay, One Archer Lane, and the Waikiki Duty Free Shop.

Real Estate:

Represented buyers and sellers in litigation and arbitration arising out of purchase and sale transactions, and handled boundary, easement, covenant and restriction, and adverse possession cases. Represented landlords in residential landlord-tenant disputes, and landlords and tenants in commercial cases.

Commercial and Business Disputes:

Successfully prosecuted and defended litigation and arbitration, as well as mediation, of all manner of commercial and business disputes, representing clients as large Fortune 500 companies and as small as sole proprietors, and involving issues from complex accounting and tax issues, to non-competion clauses, to simple failure to pay or perform.

Aviation:

Defended aircraft (both helicopter and airplane) owners and operators, as well as maintenance providers, in fatal aviation crash cases arising on all major Hawaiian Islands, including those involving pilot error and mechanical failure. Litigated cases involving operations under FAR parts 91 and 135. Prosecuted claims against equipment manufacturers and maintenance providers. Litigated claims involving aviation fuel suppliers, airport access, cargo damage and aviation-related employment.

Personal Injury:

Represented defendants in product liability, premises liability and other personal injury claims. Represented plaintiffs in dram shop, motor vehicle accident and intentional tort cases.

Antitrust:

Successfully defended Microsoft Corporation in state court monopoly and tying claims, including on appeal to the Hawaii Supreme Court. Litigated and counseled clients concerning monopoly, unfair competition, restraint of trade and unfair and deceptive practices issues.

Bankruptcy and Creditors Rights:

Represented Boeing in the Hawaiian Airlines and Aloha Airlines bankruptcies. Represented creditors, trustees and professional in many of the larger Chapter 11 and 7 cases in Hawaii. Counseled and defended Hawaii-based clients in preference actions filed in the American Classic Voyages and IT Group bankruptcies in Delaware.

Admiralty and Maritime:

Successfully litigated ocean freight claims for ocean carriers such as Sealand, CSX Lines, Horizon Lines and Maersk, Inc., in both the domestic and international trade. Obtained summary judgment in excess of $1.5 million for unpaid ocean freight against a nationwide food distributor. Defended cargo damage claims against ocean and air carriers. Litigated maritime lien claims for the provision of necessaries to vessels.

Native Hawaiian Rights:

Represented property owners in cases concerning claims of access, burial, hunting, gathering and cultural practices.

Professional & Community Affiliations

American Bar Association

ABA Construction Industry Forum

ABA Litigation Section
Hawaii State Bar Association

HSBA Real Property and Financial Services Section (Board of Directors, 2005-2006)

HSBA Natural Resources Section

Kailua United Methodist Church (Board of Trustees, 2000-2006)

Urban Land Institute, Hawaii District

Publications

Arrow of Time: Vested Rights and Development Agreements in Hawaii, 27 U. Haw. L. Rev. 17 (2004)