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  • Commentaries
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Hawaii Case Commentaries

Hawaii Supreme Court Limits Arbitration Clauses for Collective Unfair Competition Claims and Affirms Organizational Standing

Hawaii Supreme Court Limits Arbitration Clauses for Collective Unfair Competition Claims and Affirms Organizational Standing

Date: Oct 26, 2006
Hawaii Supreme Court Limits Arbitration Clauses for Collective Unfair Competition Claims and Affirms Organizational Standing Introduction In the landmark case of Hawaii Medical Service Association,...
Hawaii Supreme Court Upholds Organizational Standing in Unfair Competition Claims Despite Arbitration Provisions

Hawaii Supreme Court Upholds Organizational Standing in Unfair Competition Claims Despite Arbitration Provisions

Date: Oct 26, 2006
Hawaii Supreme Court Upholds Organizational Standing in Unfair Competition Claims Despite Arbitration Provisions Introduction The case of HAWAII MEDICAL SERVICE ASSOCIATION, INC. v. HAWAII MEDICAL...
Enforcement of Recovery Limitation Clauses and Criteria for Partnership Liability: Insights from SCD Ewa Corporation v. Unity House, Inc.

Enforcement of Recovery Limitation Clauses and Criteria for Partnership Liability: Insights from SCD Ewa Corporation v. Unity House, Inc.

Date: Aug 18, 2006
Enforcement of Recovery Limitation Clauses and Criteria for Partnership Liability: Insights from SCD Ewa Corporation v. Unity House, Inc. Introduction The case of Stanford Carr Development...
Adoption of Cliffdale Assocs. Test for Deceptive Trade Practices in Liability Waivers: Courbat v. Dahana Ranch

Adoption of Cliffdale Assocs. Test for Deceptive Trade Practices in Liability Waivers: Courbat v. Dahana Ranch

Date: Aug 4, 2006
Adoption of Cliffdale Assocs. Test for Deceptive Trade Practices in Liability Waivers: Courbat v. Dahana Ranch Introduction The case of Lisa Courbat and Steven Courbat v. Dahana Ranch, Inc. presents...
Establishing the Standard for Erroneous Jury Instructions in Terroristic Threatening Cases

Establishing the Standard for Erroneous Jury Instructions in Terroristic Threatening Cases

Date: Jul 13, 2006
Establishing the Standard for Erroneous Jury Instructions in Terroristic Threatening Cases Introduction The case of State of Hawai'i v. Tracy Nichols (No. 26870, 111 Haw. 327) adjudicated by the...
Fisher v. Fisher: Supreme Court Upholds Parental Relocation Based on Best Interests Standard

Fisher v. Fisher: Supreme Court Upholds Parental Relocation Based on Best Interests Standard

Date: Jul 1, 2006
Fisher v. Fisher: Supreme Court Upholds Parental Relocation Based on Best Interests Standard Introduction Fisher v. Fisher is a landmark case adjudicated by the Supreme Court of Hawaii on June 30,...
Severability of Interests and Executive Officer Coverage in CGL Insurance Policies: Insights from Tri-S Corp v. Western World Insurance Co.

Severability of Interests and Executive Officer Coverage in CGL Insurance Policies: Insights from Tri-S Corp v. Western World Insurance Co.

Date: May 19, 2006
Severability of Interests and Executive Officer Coverage in CGL Insurance Policies: Insights from Tri-S Corp v. Western World Insurance Co. Introduction The Supreme Court of Hawaii, in the landmark...
Exceptions to Preemption under the NLRA: Insights from McCabe Hamilton Renny Co. v. Chung

Exceptions to Preemption under the NLRA: Insights from McCabe Hamilton Renny Co. v. Chung

Date: Mar 2, 2006
Exceptions to Preemption under the NLRA: Insights from McCabe Hamilton Renny Co. v. Chung Introduction In the case of Dean Kawailani Chung v. McCabe Hamilton Renny Company, Ltd., adjudicated by the...
Hawaii Supreme Court Rules on Statute of Limitations and Policy Exclusions in No-Fault Benefits Case Enoka v. AIG Hawaii

Hawaii Supreme Court Rules on Statute of Limitations and Policy Exclusions in No-Fault Benefits Case Enoka v. AIG Hawaii

Date: Mar 1, 2006
Hawaii Supreme Court Rules on Statute of Limitations and Policy Exclusions in No-Fault Benefits Case Enoka v. AIG Hawaii Introduction In Enoka v. AIG Hawaii Ins. Co., the Supreme Court of Hawaii...
Hawaii Supreme Court Establishes Rigorous Probable Cause Standard in UCPV Cases

Hawaii Supreme Court Establishes Rigorous Probable Cause Standard in UCPV Cases

Date: Nov 24, 2005
Rigorous Probable Cause Standard Affirmed in State of Hawai`i v. Shanelle Maganis Introduction In the landmark case State of Hawai`i v. Shanelle Maganis (109 Haw. 84), the Supreme Court of Hawai`i...
Mandatory Arbitration Initiation Requirements and Judicial Estoppel Upheld in Meyer M. Ueoka v. Szymanski

Mandatory Arbitration Initiation Requirements and Judicial Estoppel Upheld in Meyer M. Ueoka v. Szymanski

Date: Jul 19, 2005
Mandatory Arbitration Initiation Requirements and Judicial Estoppel Upheld in Meyer M. Ueoka v. Szymanski Introduction The case of Meyer M. Ueoka, as Special Administrator of the Estate of Ryoichi...
Judicial Review of Agency Declaratory Rulings: Insights from Linda LINGLE v. Hawaiʻi Government Employees Association

Judicial Review of Agency Declaratory Rulings: Insights from Linda LINGLE v. Hawaiʻi Government Employees Association

Date: Apr 1, 2005
Judicial Review of Agency Declaratory Rulings: Insights from Linda LINGLE v. Hawaiʻi Government Employees Association Introduction The case of Linda LINGLE, Governor, State of Hawaiʻi v. Hawaiʻi...
Hawaii Supreme Court Establishes Due Process Protections in Summary Judgment Procedures

Hawaii Supreme Court Establishes Due Process Protections in Summary Judgment Procedures

Date: Apr 1, 2005
Hawaii Supreme Court Establishes Due Process Protections in Summary Judgment Procedures Introduction In the landmark case of Querubin and Taketa v. Thronas et al., decided on March 31, 2005, the...
Sovereign Immunity Limits Post-Judgment Interest in Hawaii's Common Fund Class Actions

Sovereign Immunity Limits Post-Judgment Interest in Hawaii's Common Fund Class Actions

Date: Feb 1, 2005
Sovereign Immunity Limits Post-Judgment Interest in Hawaii's Common Fund Class Actions Introduction The case of Michael A.S. Chun et al. v. Board of Trustees of the Employees' Retirement System of...
Retention of Services Can Constitute Unjust Enrichment Regardless of Employer's Profitability: Durette v. Aloha Plastic Recycling

Retention of Services Can Constitute Unjust Enrichment Regardless of Employer's Profitability: Durette v. Aloha Plastic Recycling

Date: Nov 2, 2004
Retention of Services Can Constitute Unjust Enrichment Regardless of Employer's Profitability: Durette v. Aloha Plastic Recycling Introduction In Durette v. Aloha Plastic Recycling, Inc., 105 Haw....
Hawaii Supreme Court Establishes Due Process Requirements for Lifetime Sex Offender Registration

Hawaii Supreme Court Establishes Due Process Requirements for Lifetime Sex Offender Registration

Date: Aug 7, 2004
Hawaii Supreme Court Establishes Due Process Requirements for Lifetime Sex Offender Registration Introduction In the landmark case of STATE of Hawai'i v. John R. Guidry, the Supreme Court of Hawaii...
Authority to Modify SMA Use Permits: Insights from MORGAN Sr. v. PLANNING DEPARTMENT

Authority to Modify SMA Use Permits: Insights from MORGAN Sr. v. PLANNING DEPARTMENT

Date: Mar 25, 2004
Authority to Modify Special Management Area Use Permits: Insights from MORGAN Sr. v. PLANNING DEPARTMENT Introduction The case of Albert Morgan, Sr., Robert Hansen, Alex Ferreira, M.D., and Clifford...
Supreme Court of Hawaii Affirms Equitable Discretion in Judicial Partition Sales

Supreme Court of Hawaii Affirms Equitable Discretion in Judicial Partition Sales

Date: Mar 12, 2004
Supreme Court of Hawaii Affirms Equitable Discretion in Judicial Partition Sales Introduction The case of Joseph Sugarman, Plaintiff-Appellant v. Paul Kapu et al. adjudicated by the Supreme Court of...
Clarifying HRS §7-1 Rights of Way for Kuleana Tenants: Insights from Bremer v. Weeks

Clarifying HRS §7-1 Rights of Way for Kuleana Tenants: Insights from Bremer v. Weeks

Date: Feb 18, 2004
Clarifying HRS §7-1 Rights of Way for Kuleana Tenants: Insights from Bremer v. Weeks Introduction The case of Alan Keith Bremer v. John Douglas Weeks II, heard by the Supreme Court of Hawaii in 2004,...
Strict Adherence to Appellate Timelines and Jurisdictional Boundaries in Hawaii: DITTO v. McCURDY

Strict Adherence to Appellate Timelines and Jurisdictional Boundaries in Hawaii: DITTO v. McCURDY

Date: Dec 4, 2003
Strict Adherence to Appellate Timelines and Jurisdictional Boundaries in Hawaii: DITTO v. McCURDY Introduction In the landmark case of Janie Ditto v. John A. McCurdy, Jr., M.D., Karla Scarpiova, and...
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