Hawaii Case Commentaries

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

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

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

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

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...

HRS § 663-10 Lien Is the Exclusive Post-Settlement Remedy for Property & Casualty Insurers (Extending Yukumoto) and the Made-Whole Doctrine Is Declined in the Maui Fire Global Settlement

Date: Mar 18, 2025

HRS § 663-10 Lien Is the Exclusive Post-Settlement Remedy for Property & Casualty Insurers (Extending Yukumoto) and the Made-Whole Doctrine Is Declined in the Maui Fire Global Settlement I....

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

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

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

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

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)

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...

Supreme Court Affirms Proper Signature Validation and Ballot Cure Procedures in Election Contest

Date: Jan 14, 2025

Supreme Court Affirms Proper Signature Validation and Ballot Cure Procedures in Election Contest Introduction In the case of Corey Rosenlee v. Glen Takahashi and others, the Supreme Court of Hawaii...

Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest

Date: Dec 27, 2024

Clerk's Compliance with Signature Verification Procedures Upheld in Election Contest Introduction In the landmark case of KELLY T. KING et al. v. MOANA M. LUTEY et al., adjudicated by the Supreme...

Clarifying "Overage" in Election Ballot Counts: Analysis of Cushnie v. Nago

Date: Dec 23, 2024

Clarifying "Overage" in Election Ballot Counts: Analysis of Cushnie v. Nago Introduction The case of Cushnie et al. v. Nago et al. adjudicated by the Supreme Court of Hawaii on December 20, 2024,...

Saplan v. U.S. Bank: Clarifying Burdens in Quiet Title Actions and Claim Preclusion Limits

Date: May 21, 2024

Saplan v. U.S. Bank: Clarifying Burdens in Quiet Title Actions and Claim Preclusion Limits Introduction In Saplan v. U.S. Bank National Association, the Supreme Court of Hawaii addressed pivotal...

Supreme Court of Hawaii Upholds Maui County's Time Share Real Property Tax Classification

Date: Apr 24, 2024

Supreme Court of Hawaii Upholds Maui County's Time Share Real Property Tax Classification Introduction In the recent landmark decision In the Matter of the Tax Appeal of WEST MAUI RESORT PARTNERS LP...

Hawaii Supreme Court Establishes Due Process Protections for Houseless Individuals’ Personal Property in Public Sweep Cases

Date: Mar 6, 2024

Hawaii Supreme Court Establishes Due Process Protections for Houseless Individuals’ Personal Property in Public Sweep Cases Introduction In the case of Davis, Lau, Riedell, and Walton v. Bissen et...

Enhanced Appellate Jurisdiction Standards under HRAP Rule 4(a)(3)

Date: Feb 13, 2024

Supreme Court of Hawaii Establishes Enhanced Appellate Jurisdiction Standards under HRAP Rule 4(a)(3) in Tax Appeal Introduction In the landmark case Schuyler E. Cole and Marilyn J. Cole v. City and...

Hawaii Supreme Court Affirms Lack of State Constitutional Right to Publicly Carry Firearms

Date: Feb 8, 2024

Hawaii Supreme Court Affirms Lack of State Constitutional Right to Publicly Carry Firearms Introduction In the landmark case of State of Hawaiʻi v. Christopher L. Wilson (154 Haw. 8), the Supreme...