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  • Commentaries
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Hawaii Case Commentaries

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements

Date: Sep 13, 2025
Notice, Not Mens Rea: Hawaiʻi Supreme Court Holds Indictments Need Not Plead a State of Mind for HRS § 706-660.1 Firearm Sentencing Enhancements Case: State v. Smith, SCWC-21-0000504 Court: Supreme...
Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination

Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination

Date: Sep 12, 2025
Fee-Shifting in HEPA Appeals: Private Attorney General Awards Against Developers; HRS § 607‑25(e)(1) Limited to Private Parties and Premature Absent Final Approval Determination Introduction In this...
Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing

Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing

Date: Sep 12, 2025
Nakoa III: Dual‑Check Standard for Emergency Proclamations, Mandatory HRS §127A‑27 Process, and Environmental‑Right Standing Introduction In Nakoa III v. Governor of the State of Hawai‘i, the Hawai‘i...
Advancing-the-Trust Test for Attorneys’ Fees: Hawaiʻi Supreme Court Requires Merits Determination and “Assistance to the Court” Showing Before Shifting Fees in Contested Trust Matters

Advancing-the-Trust Test for Attorneys’ Fees: Hawaiʻi Supreme Court Requires Merits Determination and “Assistance to the Court” Showing Before Shifting Fees in Contested Trust Matters

Date: Sep 9, 2025
Advancing-the-Trust Test for Attorneys’ Fees: Hawaiʻi Supreme Court Requires Merits Determination and “Assistance to the Court” Showing Before Shifting Fees in Contested Trust Matters Case: In re:...
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents

Date: Sep 8, 2025
Hawai‘i Supreme Court Clarifies Condo Resale Disclosures: Managing Agents Must Provide Online Downloads at No Cost and Must Produce Resale-Specific Documents Introduction In Caven, Jr. v. Certified...
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review

Date: Sep 8, 2025
CZMA’s Statewide Reach Defines Environmental Due Process: Agencies Must Hold Contested Case Hearings Before Renewing Revocable Permits; Environmental Courts May Modify Permits on HRS § 91‑14 Review...
Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Hawaiʻi Supreme Court Reaffirms Non-Appealability of Orders Vacating Arbitration Awards with Rehearing; Clarifies Final-Judgment Protocols in Special Proceedings

Date: Sep 8, 2025
Reaffirming the Non-Appealability of Orders Vacating Arbitration Awards with Rehearing under HRS § 658A-28 and Mandating “In Aid of Jurisdiction” Remands for Final Judgments in Special Proceedings...
Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Date: Sep 4, 2025
“Equity Aids the Vigilant”: Cotenants May Defend Absent Cotenants Against Adverse Possession, and Laches Bars a Century-Old Land Court Claim Introduction In a published opinion with far-reaching...
Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty

Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty

Date: Sep 2, 2025
Preponderance Standard Governs LUC Boundary Interpretations; Declaratory Orders Limited to Resolving Map Uncertainty Introduction In Honoipu Hideaway, LLC v. State (Supreme Court of Hawaiʻi, August...
“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025)

“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025)

Date: Sep 2, 2025
“Private Place” Need Not Be Defined in the Indictment; Courts May Consider Extrinsic Information to Assess Notice on Timely Challenges — State v. Kaakimaka (Haw. 2025) Introduction In State v....
When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

Date: Aug 31, 2025
When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record Introduction In Ke Kauhulu O Mānā v. Board of...
Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Date: Aug 26, 2025
Rodriguez v. Mauna Kea Resort LLC: The New Requirement to State the Exact Portion of a Service Charge Paid as Tip Income Introduction Rodriguez v. Mauna Kea Resort LLC, 155 Haw. 223 (Haw. 2025),...
Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery: Loyalty Development Company, Ltd. v. Ching (2025)

Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery: Loyalty Development Company, Ltd. v. Ching (2025)

Date: Aug 25, 2025
Hawaiʻi Supreme Court Clarifies Mandatory Director Indemnification and “Fees-on-Fees” Recovery Loyalty Development Company, Ltd. v. Ching, 154 Haw. 256 (2025) Introduction In Loyalty Development...
Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Cowan v. Exclusive Resorts: Contractual Attorney-Fee Clauses Override HRS § 607-14 in Assumpsit Actions

Date: Aug 19, 2025
Cowan v. Exclusive Resorts PBL1, LLC Supreme Court of Hawaiʻi, Opinion filed 14 August 2025 “Contract-Specific Fee Clauses Defeat Statutory Fees in Assumpsit” 1. Introduction Cowan v. Exclusive...
State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

Date: Aug 15, 2025
State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges 1. Introduction In State v....
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosure Actions

Date: Aug 13, 2025
Hawaiʻi Supreme Court Clarifies a 20-Year Statute of Limitations for Mortgage Foreclosures Introduction In The Bank of New York Mellon v. White, SCWC-21-0000400 (Aug. 7 2025), the Hawaiʻi Supreme...
Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f)

Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f)

Date: Aug 6, 2025
Beyond “Seal or Remove”: The Hawaiʻi Supreme Court Defines the Constitutional Limits of Record-Sealing under HRS § 831-3.2(f) Introduction On 4 August 2025 the Supreme Court of Hawaiʻi issued a...
“Implied Dissolution of Litigation Stays upon Reinstatement Orders” — A Commentary on Greenspon v. CIT Bank, N.A., Supreme Court of Hawaiʻi (2025)

“Implied Dissolution of Litigation Stays upon Reinstatement Orders” — A Commentary on Greenspon v. CIT Bank, N.A., Supreme Court of Hawaiʻi (2025)

Date: Aug 1, 2025
“Implied Dissolution of Litigation Stays upon Reinstatement Orders” Greenspon v. CIT Bank, N.A. — Supreme Court of Hawaiʻi, 29 July 2025 Introduction Greenspon v. CIT Bank, N.A. concerns prolonged...
Expanding Due-Process Standing: Skilled Nursing Facilities Gain Direct Appeal Rights in Hawaiʻi Medicaid Eligibility Disputes

Expanding Due-Process Standing: Skilled Nursing Facilities Gain Direct Appeal Rights in Hawaiʻi Medicaid Eligibility Disputes

Date: Aug 1, 2025
Expanding Due-Process Standing: Skilled Nursing Facilities Gain Direct Appeal Rights in Hawaiʻi Medicaid Eligibility Disputes Introduction Case: In re FT, by and through Aloha Nursing Rehab Centre v....
Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (2025)

Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (2025)

Date: Jul 23, 2025
Refining the Boundaries of Prosecutorial Misconduct: The “Reasonable-Inference” Rule & Contextual Review after State v. Willis (Haw. 2025) 1. Introduction Case: State of Hawaiʻi v. Erik Willis,...
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