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  • Commentaries
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Hawaii Case Commentaries

“Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct”

“Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct”

Date: Jul 23, 2025
Beyond Aspirations: Restricting Attorney Discipline to Conduct Expressly Covered By the Hawaiʻi Rules of Professional Conduct Introduction In Office of Disciplinary Counsel v. Zenger, the Supreme...
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Date: Jul 7, 2025
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025) 1. Introduction Guieb v. Guieb, SCWC-20-0000727 (July 1 2025), is...
“Temporal Alignment” under HRS § 657-1.8:  Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

Date: Jun 20, 2025
“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits Introduction In Foresman v. Foresman, 154 Haw. 46, cert. granted and...
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales

Date: Jun 20, 2025
Prospective Due-Process Notice for Junior Judgment Lienholders in Hawaiʻi Execution Sales 1. Introduction In Winn v. Brady, SCWC-17-0000806 (Haw. June 13 2025), the Hawaiʻi Supreme Court delivered a...
Prospective Constitutional Notice Rights for Junior Judgment Lienholders – A Commentary on Winn v. Brady (2025)

Prospective Constitutional Notice Rights for Junior Judgment Lienholders – A Commentary on Winn v. Brady (2025)

Date: Jun 18, 2025
Prospective Constitutional Notice Rights for Junior Judgment Lienholders: An In-Depth Commentary on Winn v. Brady (Haw. 2025) Introduction The Supreme Court of Hawaiʻi’s decision in Winn v. Brady,...
“A Supervisor Switch May Be Reasonable” –  The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

Date: Jun 11, 2025
“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (Haw. 2025) 1. Introduction In June 2025 the Hawaiʻi Supreme Court issued a landmark opinion...
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Date: Jun 10, 2025
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter Introduction State v. Walter is a landmark decision by the Supreme Court of Hawaiʻi, filed June 5, 2025, that clarifies and...
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs

Date: Jun 3, 2025
Affirmation of General Duty of Reasonable Care in Prison Workline Injuries and Prohibition of Cost Awards Against Indigent Plaintiffs Introduction In Belford v. State, the Supreme Court of Hawaiʻi...
Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92

Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92

Date: May 31, 2025
Final Compensability Determinations Trigger Mandatory Penalties for Late TTD Payments Under HRS § 386-92 Introduction Costa v. County of Hawaiʻi, No. SCWC-18-0000119, decided May 30, 2025 by the...
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Date: Apr 23, 2025
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation 1. Introduction In Borrson v. Weeks (Haw. 2025), the Hawaiʻi Supreme Court...
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

Date: Apr 9, 2025
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control Introduction In McGuire v. County of Hawaiʻi, 2025 WL XXXX (Haw. 2025), the Hawaiʻi Supreme Court...
Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP

Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP

Date: Apr 9, 2025
Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP Introduction This commentary examines the Supreme Court of Hawaiʻi’s April 8, 2025 decision in Bell v. Hawaiʻi Public Housing...
Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not

Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not

Date: Apr 1, 2025
Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not Introduction In this Summary Disposition Order, the Supreme Court of Hawaiʻi affirmed...
New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103

New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103

Date: Mar 24, 2025
New Precedent: Exclusive Remedy for Insurer Recovery via Statutory Lien Process under HRS §§ 663-10 and 431:13-103 Introduction The Supreme Court of Hawaiʻi’s recent judgment in the matter of the...
Establishing Inherent Judicial Authority for Transferring Misfiled Appeals in Environmental Administrative Cases

Establishing Inherent Judicial Authority for Transferring Misfiled Appeals in Environmental Administrative Cases

Date: Mar 9, 2025
Establishing Inherent Judicial Authority for Transferring Misfiled Appeals in Environmental Administrative Cases Introduction The recent Supreme Court of Hawaiʻi decision in Dailey v. Department of...
New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA

New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA

Date: Feb 25, 2025
New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA Introduction The Supreme Court of Hawaiʻi rendered a pivotal decision in the...
Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions

Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions

Date: Feb 22, 2025
Partition by Condominium Property Regime: Rejecting Court-Ordered Condominiumization in Partition Actions Introduction The present Judgment, rendered by the Supreme Court of Hawaiʻi on February 19,...
Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims

Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims

Date: Feb 20, 2025
Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims Introduction The case of Elesther Calipjo v. Jack Purdy; Regal Capital Corporation; Regal Capital...
New Precedent on Structural Error in CPA Proceedings: The Critical Role of Timely Counsel Appointment

New Precedent on Structural Error in CPA Proceedings: The Critical Role of Timely Counsel Appointment

Date: Feb 19, 2025
New Precedent on Structural Error in CPA Proceedings: The Critical Role of Timely Counsel Appointment Introduction This commentary examines the Supreme Court of Hawaii’s decision in the case titled...
Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c)

Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c)

Date: Feb 12, 2025
Statute of Limitations in Workers’ Compensation Reopenings: Employer’s Burden under HRS §386-89(c) Introduction This Judgment by the Supreme Court of Hawaii in the case of Richard Scott Webb v. OSF...
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