 Charles F. FellOf Counsel Charles (“Charlie”) Fell graduated from Marquette University with a bachelor of arts degree in 1968. He received his juris doctor degree from Ohio State University in 1971. He was admitted to practice law in Ohio in 1971 and in Hawaii in 1972. He has also completed training as a mediator at the Pepperdine University, Straus Institute for Alternative Dispute Resolution. Mr. Fell has 35 years of civil litigation experience, including litigation in all State of Hawaii trial courts and appellate courts, the Federal District Court for the District of Hawaii, the Ninth Circuit Court of Appeals, and the Supreme Court of the United States. He has also handled cases through arbitration, both as an advocate and as an arbitrator, and mediation. Further, he has served on, and advocated before, medical claims conciliation panels. Mr. Fell was a deputy attorney general in the Department of Attorney General of the State of Hawaii for 32 years. There, he specialized in personal injury defense on behalf of the State of Hawaii, its officers and employees, as well as civil rights litigation. His duties also included supervisor of the litigation division, chair of the litigation review committee, litigation manager for the department of the attorney general, departmental training officer and member of the opinion and appellate review committee. All of these capacities entailed state-wide responsibilities. Mr. Fell was entrusted with numerous legislative matters of importance while a deputy attorney general, and provided advice and counsel to departmental directors and their staffs. He served on judicial committees by appointment, typically, although not exclusively, on subject matters related to litigation. These assignments included: (1) committee on whether the Hawaii Trial Court System should be a unitary system; (2) committee on whether the Local Rules of the Federal District Court should be amended to include a rule for voluntary mediation, and, if so, what that rule should provide; (3) Advisor to the Court Annexed Arbitration Program Board; and (4) a community study of the State of Hawaii’s Judicial Selection System. Other committees Mr. Fell served on included: (1) the Interim Committee of the Legislature of the State of Hawaii to Study Governmental Tort Liability in 1978, chair of committee; and (2) a committee of the Hawaii State Bar Association regarding tort reform, co-chair. Mr. Fell is presently the president of the Senior Counsel Division of the Hawaii State Bar Association for the State of Hawaii. Some of the representative cases and projects handled by Mr. Fell include: Lead in-house counsel for the State of Hawaii in the Tobacco Litigation, which resulted in a settlement bringing the State of Hawaii’s millions of dollars annually; Lead in-house counsel to the Governor’s Office on the return to the State of Hawaii of the Island of Kahoolawe, including its rehabilitation at a cost of over $300,000,000; Lead counsel for the State of Hawaii in the Aloha Stadium case which was a complex construction defect case arising primarily out of the inappropriate design and use of weathering steel. The case was a multi-party litigation involving claims on behalf of the State of Hawaii in excess of $30 million dollars; and Lead counsel for the State of Hawaii in the Heptachlor Litigation which arose out of the contamination of milk by the pesticide heptachlor, causing millions of dollars in damages to Hawaiian dairy farmers. Reported Cases include: State v. Benton, 6 Haw. 409 (1975); Figueroa v. State, 61 Haw. 369 (1979); Julius Rothschild & Co. v. State, 66 Haw (1982); Wolsk v. State, 68 Haw. 299 (1986); 59 A.L.R. 4th 1229; Costa v. State, 6 Haw. App. 664 (1987); Dyniewicz v. County of Hawaii, 6 Haw. App. 582 (1987); Crosby v. State Dept. of Budget & Fin., 76 Haw. 332 (1994); DOE Parents No. 1 v. Dept. of Education, 100 Haw. 34 (2002); Taylor-Rice v. State, 105 Haw. 104 (2004); Lewis v. State, Summary Dispositional Order, [not citable], reported at Oppenheimer v. State, 109 Haw. 579 (2006); Lovell v. Chandler, 303 F.3d 1039 (9th Cir., 2002); Cardenas v. Anzai, 311 F.3d 929 (2002). |
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