# Siopes v. Kaiser Foundation Health Plan, Inc..

> Hawaii Supreme Court · September 26, 2013 · 130 Haw. 437

URL: https://www.frixlaw.com/law-library/cases/9521772

## Case

- **Full name:** Michael SIOPES and Lacey Siopes, Petitioners/Plaintiffs-Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC.; Hawai'i Permanente Medical Group, Inc.; Kaiser Foundation Hospitals, Inc., Respondents/Defendants-Appellees
- **Court:** Hawaii Supreme Court
- **Decided:** September 26, 2013
- **Citations:** 130 Haw. 437; 312 P.3d 869; 2013 Haw. LEXIS 333; 2013 WL 5376914
- **Precedential status:** Published
- **Opinion:** Concurrence by McKENNA
- **Judges:** McKenna, Recktenwald, Nakayama, Acoba, Pollack, Mekenna
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9521772

## How later opinions describe it (automated extraction)

- explaining that in Leong, the “plaintiffs did not argue that an agreement to arbitrate was not formed due to a lack of mutual assent,” and therefore, “the Leong court did not analyze the issue of contract formation, including the element of mutual assent”

## Opinion text

Concurring Opinion by
McKENNA, J.
I concur in the result, and also with Justice Acoba’s concurring opinion that there was no valid waiver of the Siopeses’ right to jury trial under Article I, Section 13 of the Hawaii Constitution.
I write separately, however, because respectfully, I do not believe Leong v. Kaiser Found. Hosps., 71 Haw. 240 , 788 P.2d 164 (1990) is distinguishable. Rather, I believe Leong should be overruled based on the lack of mutual assent to the arbitration agreement exhibited by the facts of that case, pursuant to this court’s later holding in Brown v. KFC Nat’l Mgmt. Co., 82 Hawai'i 226 , 921 P.2d 146 (1996).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9521772. Public record. Not legal advice.