HRS § 663-10 Liens Are Insurers’ Exclusive Remedy After a Tort Class Settlement—No Intervention or “Non-Claimant” Subrogation Case: Burnes v. Hawaiian Electric Company, Inc. Court: Supreme Court of...
Written Findings Are Mandatory to Seal Civil Dockets and Complaints in Hawaiʻi; Mandamus Lies to Unseal Absent Rogan Findings 1. Introduction In Civil Beat Law Center for Public Interest v. Kawashima...
Piezko v. County of Maui — Exclusive Tax Appeal Court Jurisdiction Over Real Property Tax Refund Claims Styled as Civil Actions 1. Introduction Parties: Christopher Piezko and Janel Lee Piezko, as...
Lane v. Avis Budget Group, Inc.: Foundation Required to Treat “Low-Impact/Biomechanics” IME Opinions as Substantial Evidence Rebutting HRS § 386-85 Court: Supreme Court of Hawaiʻi Date: December 30,...
RSCH Rule 2.13 Interim Restraint Requires a Record Showing the Conviction Offense Involved “Dishonesty or False Statement” I. Introduction Office of Disciplinary Counsel v. Leong is an attorney...
Revocable Water Permit Renewals Are Reviewable Under HRS § 91-14 When a Contested Case Hearing Is Wrongfully Denied 1. Introduction Kia'i Wai o Wai'ale'ale and Friends of Māhā'ulepū (collectively,...
Public-Access Rule for Deceased/Missing Foster-Child CPA and Adoption Records; Kema Narrowing of “Legitimate Purpose” Overruled Case: Public First Law Center v. Viola Court: Supreme Court of Hawaiʻi...
State v. Brown: No Suppression of ISP Subscriber Name Absent Proof of a Subjective Privacy Expectation; No Arceo Unanimity Instruction Without Evidence of Multiple Culpable Acts Court: Supreme Court...
HRPP Rule 40 Confirmed as a Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; Missing Plea Transcript Does Not Trigger Burden-Shifting Where the Record Is Not Minimal...
HRCP Rule 60(b) Reconsideration Motions Toll the HRAP Rule 4(a)(1) Appeal Deadline When Filed Within the 30-Day Appeal Period I. Introduction Case: Mālama Kakanilua v. Director of the Department of...
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 Introduction In this...
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 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 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...
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...
“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 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) Introduction In State v....