Hawaii Case Commentaries

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

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

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

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

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

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

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

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.

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

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

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

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)...

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

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.

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

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

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

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.

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

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...