TMJ Hawaii, Inc. v. Nippon Trust Bank

Opinion of the Court by

NAKAYAMA, J.

The corpus of the question presently before this court concerns the validity of a written instrument, executed on September 15, 1994, by which Ishimura Building Co., Ltd. (“Ishimura Building”) purported to assign its claims against Nippon Trust Bank (“NTB”) and Kelley Drye & Warren (“KDW”) to TMJ Hawaii, Inc. (“TMJ”).

According to the September 15, 1994 assignment, TMJ filed a complaint in the first circuit court on August 20, 1997. On October 31, 1997, KDW removed the action to the United States District Court for the District of Hawaii (“district court”).…