The case summaries are condensed and do not cover all issues in the case — the goal is to give you a general idea of the main issues and holdings, so you can decide whether you want to read the entire opinion or order.
For criminal law, family court and other important cases not reported here, I recommend you go to recordonappeal.com and hawaiiopinions.blogspot.com.
The posts are searchable (use search circle in upper right corner). This blog started December, 2013, so very few cases before then are reported.
If you see any mistakes or think something should be added, please let me know. Mahalo, Jeff Crabtree
In re Grievance Arbitration Between SHOPO and County of Kauai (ICA, 10/16/14). SHOPO members/police officers challenged employer’s actions in not selecting officers for promotion, claiming the selection process was arbitrary because it relied too heavily on a subjective oral interview, and conflicted with READ MORE
Crofford v. Iha (HawSupCt, 10/13/14)(Order Granting Petition for Writ of Prohibition). The HawSupCt found the family court’s issuance of an order directing seizure of computers and data storage devices, ex parte and without a formal discovery request, was an abuse of discretion and READ MORE
Waiolama v. State (HawSupCt, 10/10/14)(Order Rejecting Application for Writ of Certiorari). On 10/10/14, the HawSupCt denied cert in this case. The main issue on appeal was a challenge to the defendant’s expert witness (Gerald Bretting, accident reconstructionist using the PC-Crash software). Go here READ MORE
Noel Madamba Contracting, LLC v. Romero (HawSupCt, 10/1/14)(Order Accepting Application for Writ of Certiorari). On 10/1/14, the HawSupCt granted cert in this case. The following is a summary of the ICA action. Arbitration concerning an allegedly unfinished residential construction contract. The circuit court READ MORE
Kolio v. Hawaii Public Housing Authority (HawSupCt, 9/30/14)(Order Accepting Application for Writ of Certiorari). The HawSupCt granted cert in this case on 9/30/14. The following is a summary of the ICA decision. Kolio was convicted of second-degree theft. His rental agreement provided for READ MORE
In re Edward C. Sterling QTIP Exempt Trust Dated August 24, 1995 (ICA, 9/30/14)(s.d.o., affirmed). Pro se appeal of Judgment for Trust/Trustee (First Hawaiian Bank). The Appellant/beneficiaries’ arguments were all rejected on appeal, including: doctrine of laches, refusal to grant discovery, the Master READ MORE
The Malulani Group, Ltd. fka Magoon Brothers, Ltd. v. Kaupo Ranch, Ltd. (HawSupCt, 9/19/14). Update: the HawSupCt accepted cert in this case on 9/19/14. The following is a summary of the ICA action. Real property access/easement dispute. Plaintiff’s 20-acre Hana parcel was surrounded READ MORE
The Bank of New York Mellon v. R. Onaga, Inc. (ICA, 9/18/14)(s.d.o., vacated and remanded). Foreclosure case. Circuit Court entered SJ against defendants in favor of lender. On appeal, held: the declaration by an employee of the bank’s servicing agent (and exhibits) did READ MORE
Babson v. Nago (ICA, 9/17/14)(mem.op., vacated). Election law case. Circuit Court granted SJ for Plaintiffs, issuing a permanent injunction enjoining the state from adopting voluntary voting system guidelines and use of telephone lines to transmit ballot counts and election results without formal rule-making. READ MORE
Bank of America. N.A. v. Lanzi (ICA, 9/17/14)(s.d.o., affirmed). Foreclosure case. Circuit Court granted SJ for lender. Pro se appellant raised issues of a) lender did not present the original note; b) lack of sufficient prefatory language required by HRS 667-17 (regarding attorney’s READ MORE
In re Arbitration between Hawaii State Teachers Association and State of Hawaii, Department of Education (ICA, 9/15/14)(Order Vacating Opinion of the Court by J. Leonard). Based on the HawSupCt’s Sakuma decision in late 2013 (the deemed denial of post-judgment motions does not trigger READ MORE
Zhang v. State (ICA, 9/15/14)(s.d.o., affirmed). Workers compensation case—pro se appeal from LIRAB Order. Issues included a fraud claim by claimant against DLNR; erroneous denial of TTD benefits; improper reliance on the opinion of DLNR’s expert, Dr. Streltzer; PPD benefits; a requested change READ MORE