Hawaii Supreme Court

The court dismissed Liggett’s election-contest complaint because it relied on speculation that alleged errors in government publications and communications could have affected voter choices, without alleging facts showing that correcting those errors would have changed which candidates advanced.

The Hawai‘i Supreme Court dismissed Nancy Bondurant’s application for a writ of certiorari because the Intermediate Court of Appeals had not yet filed a judgment on appeal or dismissal order when the application was filed.

The Hawaiʻi Supreme Court held that article I, section 10 of the Hawaiʻi Constitution requires law enforcement, in addition to the four traditional Miranda warnings, to expressly advise custodial suspects that they may cease answering questions and request an attorney at any time.

The Hawaiʻi Supreme Court held that UMB Bank failed to establish standing to foreclose because genuine issues of material fact remained as to whether its predecessor, Wells Fargo, possessed the promissory note on January 20, 2015, the date the foreclosure complaint was filed: the location-tracking spreadsheet was…

The court held that Resorttrust Hawaii, LLC is liable under the private attorney general doctrine for all reasonable attorney fees Ralston incurred in the certiorari proceeding, including fees incurred in seeking fees.

The Hawaiʻi Supreme Court held that HRS § 91-7's declaratory judgment procedure for challenging the validity of administrative rules extends to tax administrative rules, and that HRS § 632-1's bar on declaratory relief in 'controvers[ies] with respect to taxes' does not apply to a HRS § 91-7 facial challenge to a tax…

The Hawai'i Supreme Court held that the Intermediate Court of Appeals applied the wrong standard when it vacated Bekkum's jury convictions for two counts of sexual assault in the fourth degree because the complaints omitted the statutory definition of 'compulsion.' Because Bekkum challenged the charges for the first…

The Hawaiʻi Supreme Court affirmed a jury verdict holding Philip Morris liable for Ricapor-Hall's lung cancer, but vacated the portion of the judgment reducing her $6 million general damages award by her 46% comparative negligence.

The Supreme Court of Hawaii denied Rivera's petitions for an extraordinary writ without prejudice, holding that the petition must be filed in the circuit court because the Supreme Court lacks jurisdiction over the matter.

The court held that later-discredited scientific testimony is evaluated under the constitutional false-evidence standard rather than the newly discovered evidence standard. It concluded that microscopic hair and fiber testimony presented at Granillo’s trial exceeded the limits of science, that there was a reasonable…

The Hawaiʻi Supreme Court held that the Intermediate Court of Appeals (ICA) erred by applying its Lee test to a State motion to continue a suppression hearing based on witness unavailability, and it rejected the Lee test in its entirety—including for State motions—as unworkable and fundamentally unfair.

The court affirmed the denial of the defendants’ motions to dismiss. It held that the defendants could not bring a facial vagueness challenge to the fled-scene statute, and that the phrase “involved in a collision” was not vague as applied to an officer allegedly pursuing a vehicle that crashed, even without physical…

The court denied Petitioners’ motion for reconsideration of its prior order denying their petition for a writ of mandamus. It held that the petition sought prospective enforcement and prospective relief for future election cycles, including the 2026 election, and that the court had not overlooked or misapprehended any…

The Hawaiʻi Supreme Court granted Nancy Ribaudo’s petition to resign from the practice of law in good standing after concluding that she complied with the requirements of RSCH Rule 1.10.

The court held that Hawaiʻi constitutional protections and HRS § 621-26 require a pretrial evidentiary hearing to determine whether an inculpatory statement was voluntarily made before the statement reaches the factfinder.

The Intermediate Court of Appeals dismissed Li Xie's appeal because the record on appeal was not prepared after Xie failed to pay the required filing fees or obtain a fee waiver. Xie also took no further action after receiving notice of the default and the potential dismissal.

The court held that a promissory note is a contractual document with independent legal significance and therefore is not hearsay, although a duplicate note is not self-authenticating and must be authenticated by extrinsic evidence.

The Hawai'i Supreme Court held that the circuit court abused its discretion in granting Llego's ex parte oral motion to dismiss Erum's personal-injury suit with prejudice at a pretrial conference Erum did not attend, because the record showed no deliberate delay or contumacious conduct causing actual prejudice, the…

The Hawai'i Supreme Court vacated the circuit court's dismissal for lack of subject matter jurisdiction, concluding that Tax Foundation of Hawai'i's challenge to the State's retention of 10% of Honolulu's rail surcharge proceeds was not a 'controversy with respect to taxes' under HRS § 632-1 because it targeted only…

The Hawaii Supreme Court held that a foreclosing plaintiff must prove standing—entitlement to enforce the defaulted note under HRS § 490:3-301—at the commencement of the foreclosure action, and because nothing in Bank of America's summary judgment materials dated the blank indorsement of the Note or showed possession…

The court held that the denial of a legislator’s claim of absolute legislative immunity is immediately appealable under the collateral order doctrine. The order conclusively resolved the immunity issue, which was separate from the merits, and postponing review would deprive the legislator of the protection against…

The Hawai'i Supreme Court affirmed the Intermediate Court of Appeals' vacatur of summary judgment for a dentist accused of negligent orthodontic care, holding that the defendant-movant failed his initial burden of production because he pointed only to the plaintiff's lack of expert evidence before the discovery…

The court reversed the Intermediate Court of Appeals and reinstated the trial court's judgment granting the plaintiffs an easement by necessity and protecting their water system.

The court held that substantial evidence supported Kalaola's conviction based on his failure to disperse from the first floor of Aloha Tower Marketplace, but not based on the second-floor events.

The Hawai'i Supreme Court affirmed the Intermediate Court of Appeals' judgment vacating Wheeler's conviction for operating a vehicle under the influence of an intoxicant (OVUII), concluding that operation of a vehicle upon a public way, street, road, or highway is an essential attendant circumstance—and therefore an…

The Hawaii Supreme Court held that Act 2 of the 2007 second special session is unconstitutional special legislation under Article XI, section 5 of the Hawaii Constitution because the class it benefits — 'a large capacity ferry vessel company' — is an illusory class of one (Hawaii Superferry): only Superferry existed…

The Hawai'i Supreme Court affirmed the circuit court's dismissal of Priscilla Young's abuse of process, malicious defense, and assumed-duty-of-good-faith-and-fair-dealing claims against Allstate Insurance Company and its staff counsel Mark Ichiyama, while vacating the dismissal of her intentional infliction of…

The Hawai'i Supreme Court affirmed the circuit court's December 24, 2003 final judgment for Goodsill and the accompanying order awarding Goodsill $364,154.25 in attorneys' fees and $64,865.24 in costs, after Goodsill's renewed motion for judgment as a matter of law erased Kitty Kamaka's sole jury victory—a $209,937.91…

The court held that plaintiffs who were allegedly fraudulently induced to settle tort claims may either rescind the settlements and seek restoration of the status quo ante or affirm the settlements and pursue fraud damages.

The court affirmed summary judgment on the unfair-practices, express-warranty, warranty claims against the contractors, misrepresentation, and contract claims to the extent those rulings rested on standing, waiver, lack of reliance, or lack of enforceable contract rights.

The opinion addresses consolidated challenges to the administration of a hotel foreclosure receivership, including payments of pre-receivership obligations, access to receivership records, and approval of a special master's report.

The court vacated the judgment for the State and held that the State breached its duty to maintain the highway and adequately warn motorists of a known water hazard. The court concluded that the State had sufficient notice of the hazard, failed to take timely reasonable mitigation measures, and provided a warning…

The court affirmed the circuit court’s judgment upholding the Commissioner of Securities’ determination that TriVectra’s online shopping-mall program constituted the sale of investment contracts and violated multiple provisions of Hawaii’s securities law.

Consolidating two appeals against HMSA — one by the Hawaii Medical Association (HMA) and one by two participating physicians — the Hawaii Supreme Court held that the PAR Agreements' dispute resolution provision (internal administrative appeal of individual HMSA 'decisions' followed by individual binding arbitration)…

The Hawai'i Supreme Court granted certiorari to decide whether the Intermediate Court of Appeals misstated the standard of review for jury instructions that drew no timely objection, and held that for erroneous jury instructions the HRPP Rule 52(b) plain error standard effectively merges with the HRPP Rule 52(a)…

The Hawai'i Supreme Court affirmed the Intermediate Court of Appeals' summary disposition order upholding a family court decree that allowed Father, the non-primary parent, to relocate with the couple's three daughters to Virginia over the objection of Mother, the primary caretaker.

The court held that Enoka’s no-fault benefits claim was timely because the statutory period ran from the last payment of no-fault or optional additional benefits by any insurer, including the UIM payment she received from GEICO.

The court affirmed the circuit court's jurisdiction to review the HLRB's refusal to issue a declaratory ruling, holding that such an order is reviewable under HRS § 91-14 even though no contested-case hearing was required.

The court held that the Department of Labor and Industrial Relations must issue a notification of violation within a reasonable time even though the governing statute specifies no deadline.

The court held that the county statute of limitations, rather than the State Tort Liability Act limitations period, governed tort claims against the City and County of Honolulu. Because the injured plaintiff was a minor, the applicable limitations period was tolled for her claims, but not for her parents' individual…