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  • Commentaries
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Hawaii Case Commentaries

Hawaii Supreme Court Establishes Limitation on Admitting Suicide Attempts as Evidence of Consciousness of Guilt

Hawaii Supreme Court Establishes Limitation on Admitting Suicide Attempts as Evidence of Consciousness of Guilt

Date: Apr 23, 2020
Hawaii Supreme Court Establishes Limitation on Admitting Suicide Attempts as Evidence of Consciousness of Guilt Introduction In State of Hawai'i v. Keaka Martin, 463 P.3d 1022 (Haw. 2020), the Hawaii...
Supreme Court of Hawaii Establishes 'Good Cause' Standard Exclusively for HRCP Rule 55(c) Motions to Set Aside Default

Supreme Court of Hawaii Establishes 'Good Cause' Standard Exclusively for HRCP Rule 55(c) Motions to Set Aside Default

Date: Jan 31, 2020
Supreme Court of Hawaii Establishes 'Good Cause' Standard Exclusively for HRCP Rule 55(c) Motions to Set Aside Default Introduction Grace Chen v. Jonathan William Mah, D.D.S.; Jonathan Mah, DDS, Inc....
Comprehensive Commentary on Goran Pleho, LLC v. Lacy and Jackson, LLLC

Comprehensive Commentary on Goran Pleho, LLC v. Lacy and Jackson, LLLC

Date: Apr 11, 2019
Hawaii Supreme Court Establishes UDAP Liability for Attorneys in Commercial Transactions Introduction In the landmark case of Goran Pleho, LLC v. Lacy and Jackson, LLLC, adjudicated by the Supreme...
In re Tax Appeal of Priceline.com, Inc. et al.: Upholding Hawaii's Sovereign Tax Power and Redefining Tourism-Related Services under General Excise Tax

In re Tax Appeal of Priceline.com, Inc. et al.: Upholding Hawaii's Sovereign Tax Power and Redefining Tourism-Related Services under General Excise Tax

Date: Mar 5, 2019
In re Tax Appeal of Priceline.com, Inc. et al.: Upholding Hawaii's Sovereign Tax Power and Redefining Tourism-Related Services under General Excise Tax Introduction The Supreme Court of the State of...
Hawai'i Supreme Court Reinforces Transparency in Service Charge Distribution: Kawakami v. Kahala Hotel Investors, LLC

Hawai'i Supreme Court Reinforces Transparency in Service Charge Distribution: Kawakami v. Kahala Hotel Investors, LLC

Date: Jun 30, 2018
Hawai'i Supreme Court Reinforces Transparency in Service Charge Distribution: Kawakami v. Kahala Hotel Investors, LLC Introduction In the landmark case of Kawakami v. Kahala Hotel Investors, LLC, the...
Apportioning Provisions Define GET and TAT Liability for Online Travel Companies in Hawai‘i

Apportioning Provisions Define GET and TAT Liability for Online Travel Companies in Hawai‘i

Date: Mar 18, 2015
Apportioning Provisions Define GET and TAT Liability for Online Travel Companies in Hawai‘i Introduction In the landmark case In the Matter of the Tax Appeal of TRAVELOCITY.COM, L.P., et al. v....
Employees' Standing in Unfair Methods of Competition Claims under HRS § 480-2(e): Insights from Davis et al. v. Four Seasons Resort

Employees' Standing in Unfair Methods of Competition Claims under HRS § 480-2(e): Insights from Davis et al. v. Four Seasons Resort

Date: Mar 30, 2010
Employees' Standing in Unfair Methods of Competition Claims under HRS § 480-2(e): Insights from Davis et al. v. Four Seasons Resort Introduction In the landmark case Davis, Apana, Kyne, Tanaka,...
Act 2 Declared Unconstitutional as Special Legislation Under Hawai'i Constitution

Act 2 Declared Unconstitutional as Special Legislation Under Hawai'i Constitution

Date: May 14, 2009
Act 2 Declared Unconstitutional as Special Legislation Under Hawai'i Constitution Introduction In the landmark case of The SIERRA CLUB v. The DEPARTMENT OF TRANSPORTATION OF the STATE OF HAWAII, the...
Affirmation of Existing Legal Remedies Over the Proposed Tort of Malicious Defense in Young v. Allstate Insurance Company

Affirmation of Existing Legal Remedies Over the Proposed Tort of Malicious Defense in Young v. Allstate Insurance Company

Date: Dec 27, 2008
Affirmation of Existing Legal Remedies Over the Proposed Tort of Malicious Defense in Young v. Allstate Insurance Company Introduction In the case of Priscilla Young v. Allstate Insurance Company...
New Precedence on Statutory Damages and Pretextual Public Purpose in Condemnation Actions: County of Hawai'i v. C J Coupe Family Limited Partnership

New Precedence on Statutory Damages and Pretextual Public Purpose in Condemnation Actions: County of Hawai'i v. C J Coupe Family Limited Partnership

Date: Dec 25, 2008
New Precedence on Statutory Damages and Pretextual Public Purpose in Condemnation Actions Introduction In the landmark case County of Hawai'i v. C J Coupe Family Limited Partnership, decided by the...
Specific Statutory Authorization Required for Forfeiture: Carlisle v. One Boat

Specific Statutory Authorization Required for Forfeiture: Carlisle v. One Boat

Date: Nov 18, 2008
Specific Statutory Authorization Required for Forfeiture: Carlisle v. One Boat Introduction Carlisle v. One Boat is a landmark decision by the Supreme Court of Hawaii, adjudicated on November 17,...
Hamilton v. Lethem: Establishing the Collateral Consequences Exception to Mootness in Family Court TRO Proceedings

Hamilton v. Lethem: Establishing the Collateral Consequences Exception to Mootness in Family Court TRO Proceedings

Date: Oct 15, 2008
Hamilton v. Lethem: Establishing the Collateral Consequences Exception to Mootness in Family Court TRO Proceedings Introduction Hamilton v. Lethem, 119 Haw. 1 (2008), is a landmark decision by the...
DHS Liability Affirmed Under HRS Chapter 587's Private Analog Exception: Expanding Duty of Care in Child Protection

DHS Liability Affirmed Under HRS Chapter 587's Private Analog Exception: Expanding Duty of Care in Child Protection

Date: Mar 21, 2008
DHS Liability Affirmed Under HRS Chapter 587's Private Analog Exception: Expanding Duty of Care in Child Protection Introduction The landmark case of Kaho'ohanohano v. Department of Human Services...
Exclusivity of Workers' Compensation Claims Under Hawaii Law: Kamaka v. Goodsill Anderson Quinn Stifel

Exclusivity of Workers' Compensation Claims Under Hawaii Law: Kamaka v. Goodsill Anderson Quinn Stifel

Date: Feb 15, 2008
Exclusivity of Workers' Compensation Claims Under Hawaii Law: Kamaka v. Goodsill Anderson Quinn Stifel Introduction In the landmark case of KITTY K. KAMAKA, Plaintiff-Appellant/Cross-Appellee, v....
Exotics Hawaii-Kona v. E.I. DuPont de Nemours: Establishing Standards for Settlement Fraud Damages

Exotics Hawaii-Kona v. E.I. DuPont de Nemours: Establishing Standards for Settlement Fraud Damages

Date: Nov 22, 2007
Exotics Hawaii-Kona v. E.I. DuPont de Nemours: Establishing Standards for Settlement Fraud Damages Introduction The case of Exotics Hawaii-Kona, Inc., et al. v. E.I. DuPont de Nemours Company (116...
Affirming Unjust Enrichment as an Adequate Equitable Remedy in Insurance Agency Contract Disputes: Porter v. AIA

Affirming Unjust Enrichment as an Adequate Equitable Remedy in Insurance Agency Contract Disputes: Porter v. AIA

Date: Oct 5, 2007
Affirming Unjust Enrichment as an Adequate Equitable Remedy in Insurance Agency Contract Disputes: Porter v. AIA Introduction In the landmark case of Gay Porter, Sumie Abe as Personal Representative...
Affirming the Economic Loss Rule and Limiting Standing in Construction Defect Cases: AOAO v. Venture 15, Inc.

Affirming the Economic Loss Rule and Limiting Standing in Construction Defect Cases: AOAO v. Venture 15, Inc.

Date: Sep 21, 2007
Affirming the Economic Loss Rule and Limiting Standing in Construction Defect Cases: AOAO v. Venture 15, Inc. Introduction In the landmark case of The Association of Apartment Owners of Newtown...
Supreme Court of Hawaii Affirms Trustees' Discretion and Immunity in EUTF Rate Structuring

Supreme Court of Hawaii Affirms Trustees' Discretion and Immunity in EUTF Rate Structuring

Date: Aug 25, 2007
Supreme Court of Hawaii Affirms Trustees' Discretion and Immunity in EUTF Rate Structuring Introduction The case of Gail Awakuni et al. v. Bob Awana et al., adjudicated by the Supreme Court of Hawaii...
Establishment of State Duty in Highway Maintenance and Warning Systems: The Estate of Aloysius Klink v. State of Hawai'i

Establishment of State Duty in Highway Maintenance and Warning Systems: The Estate of Aloysius Klink v. State of Hawai'i

Date: Feb 21, 2007
Establishment of State Duty in Highway Maintenance and Warning Systems: The Estate of Aloysius Klink v. State of Hawai'i Introduction The case of The Estate of Aloysius Klink v. State of Hawai'i...
Affirmation of Litigation Privilege and Limitations on Attorneys' Fees: Kahala Royal Corp. v. Goodsill Anderson Quinn Stifel

Affirmation of Litigation Privilege and Limitations on Attorneys' Fees: Kahala Royal Corp. v. Goodsill Anderson Quinn Stifel

Date: Jan 12, 2007
Affirmation of Litigation Privilege and Limitations on Attorneys' Fees: Kahala Royal Corp. v. Goodsill Anderson Quinn Stifel Introduction The case of Kahala Royal Corporation (Plaintiff-Appellant)...
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