Matter of Bishop, Baldwin, Rewald

OPINION OF THE COURT BY

NAKAMURA, J.

The United States Court of Appeals for the Ninth Circuit has certified to this court that there is a question concerning Hawaii law which is determinative of a pending appeal from the United States District Court for the District of Hawaii and there is no clear controlling precedent in the decisions of the appellate courts of the State. 1 The question is whether the Bank of Hawaii is liable under Hawaii Revised Statutes (HRS) §§ 556-4 and 556-8 for checks drawn by Ronald Ray Rewald in violation of his fiduciary duties to Bishop, Baldwin, Rewald, Dillingham &…