Hawaii Case Commentaries

Expanding Relief under HRCP Rule 60(b)(3): Affirmative Sanctions for Discovery Fraud in Products Liability Litigation

Date: Dec 12, 1997

Expanding Relief under HRCP Rule 60(b)(3): Affirmative Sanctions for Discovery Fraud in Products Liability Litigation Introduction The case of Kawamata Farms, Inc. v. United Agri Products before the...

Duty to Disclose Medical Qualifications: Insights from DITTO v. McCURDY

Date: Nov 18, 1997

Duty to Disclose Medical Qualifications: Insights from DITTO v. McCURDY Introduction The case of Janie Ditto v. John A. McCurdy, Jr., M.D. before the Supreme Court of Hawaii serves as a pivotal...

Mandatory Minimum Sentencing in Principal vs Accomplice Liability: State v. Fukusaku

Date: Oct 17, 1997

Mandatory Minimum Sentencing in Principal vs Accomplice Liability: State v. Fukusaku Introduction State of Hawai‘i v. Raita Fukusaku is a significant case adjudicated by the Supreme Court of Hawaii...

Duty to Retrofit: Supreme Court of Hawaii Establishes No Continuing Obligation for Manufacturers

Date: Sep 16, 1997

Duty to Retrofit: Supreme Court of Hawaii Establishes No Continuing Obligation for Manufacturers Introduction In the landmark case of Sosimo B. Tabieros and Mitsuko H. Wilson v. Clark Equipment...

Broader Interpretation of "Similarly Situated" Employees in Hawaii Employment Discrimination Cases

Date: May 7, 1997

Broader Interpretation of "Similarly Situated" Employees in Hawaii Employment Discrimination Cases Introduction In the landmark case of George H. Furukawa v. Honolulu Zoological Society (85 Haw. 7),...

Hawaii Supreme Court Upholds Double Jeopardy Protection Against Retrial After Prosecution's Strategic Withdrawal

Date: Apr 29, 1997

Hawaii Supreme Court Upholds Double Jeopardy Protection Against Retrial After Prosecution's Strategic Withdrawal Introduction The Supreme Court of Hawaii addressed a pivotal issue in State of Hawaii...

Equitable Reformation and Tortious Interference: Insights from Lee v. Dixon (85 Haw. 19)

Date: Apr 16, 1997

Equitable Reformation and Tortious Interference: Insights from Lee v. Dixon (85 Haw. 19) Introduction Elizabeth Ann Lee, a single woman, initiated legal action against Edwin I. Aiu and Steven B....

Lifetime Driver's License Revocation: Definitive Ruling Under Hawaii's Administrative Revocation of Driver's License Act (HARDLA)

Date: Jan 31, 1997

Lifetime Driver's License Revocation: Definitive Ruling Under Hawaii's Administrative Revocation of Driver's License Act (HARDLA) Introduction In the landmark case of Bradford L. Gray v....

Protecting Unanimous Verdict Rights in Aggregated Sexual Assault Indictments

Date: Nov 19, 1996

Protecting Unanimous Verdict Rights in Aggregated Sexual Assault Indictments Introduction In the landmark case of STATE of Haw., Plaintiff-Appellee, v. Anthony Arceo, Defendant-Appellant, the Supreme...

State of Hawai'i v. Clark: Admissibility of Prior Statements and Domestic Violence Evidence

Date: Nov 1, 1996

State of Hawai'i v. Clark: Admissibility of Prior Statements and Domestic Violence Evidence Introduction State of Hawai'i v. Francis Eugene Clark is a landmark case decided by the Supreme Court of...

ROH §8-7.1(a) Enforces Market Data and Cost Approaches, Excluding Income Approach in Property Valuation

Date: Sep 4, 1996

ROH §8-7.1(a) Enforces Market Data and Cost Approaches, Excluding Income Approach in Property Valuation Introduction The case of In the Matter of the Tax Appeal of William Weinberg, successor in...

Limits on Interlocutory Appeals in DUI Cases: The Ontiveros Decision

Date: Aug 31, 1996

Limits on Interlocutory Appeals in DUI Cases: The Ontiveros Decision Introduction In the landmark case of State of Hawaii v. Frankie A. Ontiveros, decided on August 30, 1996, the Supreme Court of...

Enforceability of Arbitration Agreements in Employment Contexts: Alabanza v. KFC

Date: Aug 28, 1996

Enforceability of Arbitration Agreements in Employment Contexts: Alabanza v. KFC Introduction The landmark case of Alabanza v. KFC National Management Company addressed critical issues surrounding...

Clarification of the Economic Loss Rule in Negligent Misrepresentation Claims: State of Hawaii v. U.S. Steel Corporation

Date: Jun 25, 1996

Clarification of the Economic Loss Rule in Negligent Misrepresentation Claims: State of Hawaii v. U.S. Steel Corporation Introduction The landmark decision in State of Hawaii v. U.S. Steel...

Recognition of the Tort of Bad Faith in First-Party Insurance Claims in Hawaii

Date: Jun 22, 1996

Recognition of the Tort of Bad Faith in First-Party Insurance Claims in Hawaii Introduction The case of The Best Place, Inc. v. Penn America Insurance Company (82 Haw. 120) represents a pivotal...

Expansion of "Wilful and Wanton Misconduct" in Workers' Compensation: Iddings v. Mee-Lee

Date: Jun 21, 1996

Expansion of "Wilful and Wanton Misconduct" in Workers' Compensation: Iddings v. Mee-Lee Introduction Iddings v. Mee-Lee is a landmark case decided by the Supreme Court of Hawaii on June 20, 1996....

Statutory Merger of First Degree Murder and Attempted First Degree Murder Established in State v. Ganal

Date: May 9, 1996

Statutory Merger of First Degree Murder and Attempted First Degree Murder Established in State of Hawaii v. Orlando Ganal, Sr. Introduction In the landmark case of State of Hawaii v. Orlando Ganal,...

STATE of Haw. v. Merino: Affirming Discretion in No Contest Pleas and Plea Withdrawal under HRPP

Date: Apr 12, 1996

STATE of Haw. v. Merino: Affirming Discretion in No Contest Pleas and Plea Withdrawal under HRPP Introduction The case of STATE of Haw. v. William Merino (81 Haw. 198) presents a significant...

Affirmation of Physical Abuse Conviction under HRS §709-906(1): State of Haw. v. Thomas Eastman

Date: Mar 16, 1996

Affirmation of Physical Abuse Conviction under HRS §709-906(1): State of Haw. v. Thomas Eastman Introduction In the landmark case State of Haw., Plaintiff-Appellee, v. Thomas Eastman,...

Clarification of the Plain View Doctrine in the Context of Transparent Containers: Wallace v. State of Hawaii

Date: Jan 11, 1996

Clarification of the Plain View Doctrine in the Context of Transparent Containers: Wallace v. State of Hawaii Introduction In the landmark case of State of Hawaii v. Len Kanoi Wallace, decided on...

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