Commercial Litigation

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Civil Discovery in Hawaii Federal Court

In Hawaii, if your case is in the United States District Court for the District of Hawaii (“Hawaii Federal Court’), then the Federal Rules of Civil Procedure (FRCP) and the Local Rules for the Hawaii Federal Court apply.  These rules provide that certain steps be taken prior to commencing discovery.

According to FRCP 26(d), “a party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)…”  FRCP Rule 26(d).  FRCP Rule 26(f)(2) explains the purpose of the conference of the parties as follows:

Agency Relationship in Hawaii

A person may be held liable for the acts of another if an agency relationship is established.  According to the Hawaii Supreme Court, “an agency relationship may be created through actual or apparent authority.”  Cho Mark Oriental Food, Ltd. v. K & K Intern., 73 Haw.

Misrepresentation and Fraud in Hawaii

If a person or entity has been deceived, Hawaii law provides for a means of redress.  Under Hawaii’s doctrine of fraudulent inducement, if a person enters into a contract due to the misrepresentations of the other contracting party, the person lied to may ask the court to invalidate the terms of the contract.  The Hawaii Supreme Court recognizes the elements of fraudulent inducement to be as follows:

An Employer May be Held Liable for an Employee in Hawaii

There are several theories under which an employer may be held liable for the acts of an employee.  The most straightforward is called respondeat superior liability.  The elements of respondeat superior liability are (1) employee negligence (2) within the scope of the employee’s employment.  Id. (citations omitted). In defining the scope of an employee’s employment, the Hawaii Supreme Court reiterated its approval of Restatement (Second) of Agency §228 (1958) which states as follows:

(1) Conduct of a servant is within the scope of employment if, but only if:

Hawaii Attorney Philip Brown selected to the Best Lawyers in America

Hawaii attorney Philip R. Brown has been selected by his peers to be included in the 2010 edition of The Best Lawyers in America. Obviously, he is delighted to have received this great honor.

“For over a quarter of a century, Best Lawyers has been regarded- by both the profession and the public-as the definitive guide to legal excellence in the United States. Selection to Best Lawyers is based on exhaustive and rigorous peer-review survey … by the top attorneys in the country.”

Opportunity to Cure in a Services Contract

A contracting party who fails to give proper notice and opportunity to cure any alleged breach, default, or defect (as expressly required in the contract) is in breach of the contract. See Kalaus v Prime Care Physician, 20 A.D. 3d 452, 454 (N.Y.A.D. 2 Dept., 2005)(Defendants breached the contract with plaintiff for failure to give plaintiff 30 days to cure plaintiff’s breach as expressly provided in the contract. Plaintiff was awarded summary judgment on the issue of liability).

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