Robert K. Fricke co-founded the firm after having previously worked for a number of years as a litigation partner in one of the oldest and largest law firms in the State. Prior to that, Mr. Fricke served in the U.S. Marine Corps as a Judge Advocate, retiring after twenty years of service as a Lieutenant Colonel. Mr. Fricke was a courtroom trial attorney during the first half of his career as a Judge Advocate, and presided over felony and misdemeanor trials as a judge during the last seven years of his Marine service. Mr. Fricke concentrates his practice in the area of civil and criminal litigation with emphasis on courtroom trial practice. Recognized by Chambers & Partners USA, Mr. Fricke holds Martindale-Hubbell’s AV Preeminent Rating and is listed in Best Lawyers, Super Lawyers, and Benchmark Litigation. Examples of his experience include:

• Confidential multi-million dollar settlement reached prior to trial in a federal case involving claims against the United States, civilian health care providers, and a hospital for the wrongful death of a young father based on the failure to properly treat a diagnosed infection.

• Federal jury trial defense of legacy airline under Montreal Convention claim involving alleged violations of the Air Carrier Access Act in which Plaintiff sought damages in excess of a quarter million dollars and the jury returned a verdict of twelve thousand dollars after finding that plaintiff was eighty percent comparatively negligent, that thirty percent of his injuries were pre-existing, that thirty percent of his injuries were subsequently caused, and that plaintiff failed to use reasonable efforts to mitigate his damages.

• $10 million judgment after federal bench trial in medical negligence case brought under the Federal Tort Claims Act wherein Tripler Army Medical Center staff improperly placed a central line that pierced the patient’s subclavian artery causing massive and life-threatening blood loss which ultimately led to an acute kidney injury and chronic kidney disease.

• Obtained full defense jury verdict in favor of Fortune 100 company in State subrogation action.

• Obtained full defense jury verdict in favor of legacy airline and its employee in State personal injury action.

• Obtained full dismissal of federal felony charges against general manager and vice president of subsidiary of Fortune 250 company involving allegations of false statements and Clean Water Act violations.

• Jury verdict in favor of business owner on every claim asserted in State breach of contract and negligence actions against his insurer and broker, resulting in the jury awarding the firm’s client special damages, general damages and attorneys’ fees.

• Full trial defenses of theme park operator in arbitrations involving claims of negligence and products liability.

• Obtained full defense jury verdict in favor of corporate executive vice president of legacy airline sued in official and individual capacity in employment matter.

• Favorable settlement achieved during the second week of jury trial in the defense of a multinational corporation, with revenue in excess of $1.5 billion a year, against fraud and breach of warranty claims seeking special damages in excess of $20 million and punitive damages in excess of $60 million.

• Obtained full dismissal of federal felony charges on eve of trial of State law enforcement officer charged with federal firearms offenses.

• As substituted counsel retained by the federal government, obtained a favorable reconsideration of a conviction and sentence in an emotionally charged and highly publicized negligent homicide case.

• Obtained favorable settlements in a number of medical malpractice cases for family members of military service members stationed overseas.

• Successful prosecution of procurement protests on behalf of private companies through the state administrative hearings process. Served as lead counsel in the largest bid protest in State history.

• Obtained favorable settlement in defense of trustee in multi-million estate matter involving the sale and purchase of land. The case resulted in a finding of no violation on the part of the trustee, and full repayment to the trustee of fees and costs incurred in the defense of the allegations.

Professional and Civic Activities

• Vice Chair – Goodwill Industries of Hawaii, Inc.
• Hawai‘i State Bar Association
• Master – American Inns of Court, Aloha Inn
• Arbitrator, Court Annexed Arbitration Program

Publications

• Co-author of the Hawaii chapter of the Product Liability Desk Reference, a Fifty State Compendium