Tred R. Eyerly, Associate
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Phone: (808) 526-3635
Fax: (808) 533-2242
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Education

  • B.A., University of the Pacific (1973) J.D.
  • San Francisco Law School (1979)

Tred R. Eyerly, Associate

Tred Eyerly has accumulated a wide variety of litigation skills, having practiced in Alaska, the Commonwealth of the Northern Mariana Islands, and now Hawaii.  Tred started his career working for Alaska Legal Services in bush Alaska before moving to Anchorage, working primarily with Alaska Natives on subsistence, sovereignty, and land entitlement issues throughout the state.  He then worked for Micronesian Legal Services on Saipan, representing under-privileged clients confronted with a variety of legal problems.  More recently, Tred has been in private practice both on Saipan and now in Honolulu, concentrating on insurance coverage and commercial litigation.  Examples of his work include:

  • Insurance Coverage: Represents both insurers and insureds on a variety of insurance coverage and bad faith issues.  Maintains a Hawaii`i insurance coverage blog.  Co–chair of Additional Insureds Subcommittee, ABA, Section of Litigation, Insurance Coverage Litigation Committee.
  • Business and Commercial Disputes: Handles a wide variety of commercial disputes regarding leases, patents, contracts, etc., through litigation, arbitration and mediation.
  • Personal Injury:Successfully works on numerous types of personal injury suits representing both plaintiffs and defendants in wrongful death, toxic tort, product defects, and general negligence matters.
  • Employment: Represents employers and employees in Title VII matters, wrongful termination, and employee discipline.
  • Appellate Practice: Has handled appeals before the United States Court of Appeals for the Ninth Circuit, Hawaii Supreme Court, Alaska Supreme Court, and Commonwealth of the Northern Mariana Islands Supreme Court.
  • Class Actions: Involved in numerous class action suits involving the Voting Rights Act, unlawful termination of service by utility service, employment discrimination, and pursuit of land, subsistence, and sovereignty rights by Alaska Natives.

Reported Cases:

  • Del Monte Fresh Produce (Hawaii), Inc. v. Fireman’s Fund Ins. Co., 117 Haw. 357, 183 P.3d 734 (2007) - Assisted on briefs seeking coverage for remediation of superfund site.
  • Oden v. Northern Marianas College, 440 F.3d 1085 (9th Cir.), cert. denied, 549 U.S. 819 (2006) - Successfully represented College in student’s appeal of sexual harassment suit.
  • Mikelson v. United Services Automobile Assoc., 108 Haw. 358, 120 p.3d 257 (2005) -  Assisted on briefs prepared on behalf of insured for attorney fees under Hawaii Insurance Code.
  • In Re Estate of Teregeyo, 5 N. Mar. I. 90 (1997) - Successfully defended appeal challenging heir’s entitlement to land.
  • Estate of De Leon Guerrero v. Quitugua, 6 N. Mar. I. 67 (2000) - Successfully defended appeal by putative heir challenging client’s entitlement to land.
  • Andrew v. Bowen, 873 F.2d 875 (9th Cir. 1988) - Successfully briefed and argued case reversing District Court’s denial of attorney fees to client.
  • Kenaitze Indian Tribe v. State of Alaska, 860 F.2d 312 (9th Cir.), cert. denied, 491 U.S. 905 (1988) - Assisted on brief which successfully opposed State’s petition for certiorari regarding tribe’s subsistence fishing rights.
  • In the Matter of C.C.G., 783 P.2d 1159 (Alaska 1989), cert. denied, 495 U.S. 948 (1990) - Briefed and argued appeal to Alaska Supreme Court regarding Indian Child Welfare Act.
  • Degnan v. Hodel, 16 Indian Law Rptr. 3087 (D. Alaska 1989) - Successful challenge of Department of Interior’s policy of denying subsistence land applications submitted by Alaska Natives.
  • George v. Hodel, 14 Indian Law Rptr. 3042 (D. Alaska 1987) - Successful challenge of Department of Interior’s denial of 97 year old Tlinget Indian man’s application for subsistence land.
  • Olympic v. United States, 615 F.Supp. 990 (D. Alaska 1985) - Successful challenge of Department of Interior’s refusal to accept application for subsistence land from heirs of deceased landowner.
  • Akootchook v. U.S., 747 F.2d 1316 (9th Cir. 1984),  cert. denied, 471 U.S. 1115 (1985) - Represented class of claimants for subsistence land within National Wildlife Refuges.  Co-counsel on Ninth Circuit briefs.  Counsel of record on petition for certiorari.

Tred is a long-time runner, international traveler, and avid reader.

Practice Areas: commercial litigation, insurance coverage, employment, dispute resolution.

Admitted to Practice:California (1979); Alaska (1979); Commonwealth of the Northern Mariana Islands (1990); Hawaii (1992); United States District Court in Alaska (1985), Hawaii (2001), Northern Mariana Islands (1994); Ninth Circuit Court of Appeals (1983); United States Supreme Court (1985).

Professional and Community Affiliations

  • Co-Chair, Additional Insureds Subcommittee, ABA, Section of Litigation, Insurance Coverage and Litigation Committee
  • American Bar Association (Litigation Section, Insurance Coverage and Litigation Committee; Tort and Trial Practice Section)
  • Hawaii State Bar Association (Insurance Coverage and Employment Sections)
  • Alaska State Bar Association (Indian Law and Employment Sections)
  • State Bar of California
  • Commonwealth of the Northern Mariana Islands Bar Association
  • Friends of Hanauma Bay
  • National Oceanic and Atmospheric Administration Whale Count

Publications

  • Author, “Breadth of the Flood Exclusion: A Flood is a Flood, Including, Storm Surge” (ABA Insurance Coverage Litigation Committee Hot Topics Website June 2009)
  • Co-author, Bad Faith Insurance Claims (Sterling Education Services, Inc. Jan. 2009)
  • Co-author, Top Nine Issues in Insurance Coverage (Lorman Education Services Nov. 2008)
  • Co-author, 2007-2008 Construction Law Update: Case Law & Legislation Affecting the Construction Industry (ABA Forum on the Construction Industry, Division 10 2008)
  • Contributor - Hawaii Legislative and Case Law Update for Construction Lawyer, 2006, 2007, 2008, 2009.
  • Co-author, Insurance Law: Third Party Coverage in Hawaii (NBI Aug. 2004)
  • Co-author, Development of the Tort of Bad Faith (Lorman Education Services Feb. 2005)
  • Co-author, Development of the Tort of Bad Faith (NBI July 2005)
  • Co-author, Development of the Tort of Bad Faith (Lorman Education Services Feb. 2006)
  • Co-author, Emerging Insurance Issues (Hawaii State Bar Journal Feb. 2007)
  • Author, Insurance Blog - http://insurancelawhawaii.com
  • Guest blogger, LexisNexis Insurance Law Center, Top 50 Blogger Series, http://law.lexisnexis.com/practiceareas/Insurance-Law
  • Contributor, “Are You Covered,” online publication of ABA Section of Litigation, Insurance Coverage Litigation Committee

Conferences and Seminars

  • Speaker - “Transfer of Coverage Under the Predecessor’s Liability Policies or Corporate Transactions - What Happened to the Insurance Policy?”(ABA, Section of Litigation, Insurance Coverage Litigation Committee seminar -  March 6, 2009)
  • Speaker - Bad Faith Insurance Claims (Sterling Education Services, Inc., Jan. 22, 2009)
  • Speaker - Top 9 Issues in Insurance Coverage (Lorman Education Services, Nov. 6, 2008)
  • Speaker - Development of Tort of Bad Faith (Lorman Education Services, Feb. 28, 2006)
  • Speaker - “Pro Bono Litigation,” Federal District Bar Conference (Feb. 1996)