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. 509, 515-17 (1992) (Brackets and citations omitted.). There are two types of actual authority; express actual authority and implied actual authority. Id. Express actual authority is created by an express agreement. Id. In the...Read More
Hawaii Personal Injury Lawyer Blog
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The following is a blog written by our office manager, Warren Fabro. I wholeheartedly agree with him.
Broadcast television has always been full of dramatic pieces on the legal system. With the many channels now available to the public, it is hard not to notice the wealth of shows covering legal proceedings. Based on the number of shows covering legal proceedings from criminal trials to trials involving popular sports figures, it would seem that the public has an insatiable appetite for legal drama. We are inundated with coverage of trials on news shows, news networks, and talk shows every day and it seems that there is no...Read More
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:
To constitute fraudulent inducement sufficient to invalidate the terms of the contract, there must be (1) a representation of material fact, (2) made for the purpose of inducing the other party to act, (3) known to be false but...Read More
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:
(a) it is of the kind he is employed to perform;
(b) it...Read More
Hawaii suffered its 30th traffic fatality of 2011 According to Hawaii News Now the fatality was a woman visiting from Oklahoma with her husband. Her husband was “rushed to the Queen’s Medical Center in critical condition, but later improved to serious condition.” The couple was driving a rented Harley when a truck collided with them on the Likelike Highway. The 57-year-old man who was driving the truck was booked this morning for “negligent homicide and negligent injury.” This fatal accident was the second accident in two days on the Likelike Highway, causing the highway to be shut down for several hours both yesterday and today. ...Read More
Under the Federal Rules of Civil Procedure (“FRCP”) Rule 26, a trial expert must provide a written report to the court and opposing party. From 1993 to December 1, 2010, the Federal Rules of Civil Procedure, Rule 26 required that the expert’s written report:
contain a complete statement of all opinions to be expressed and the basis and reasons therefore, the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the...Read More
During many lawsuits, a plaintiff or defendant will file a motion with the court. A motion is simply a formal request to the presiding judge, made by either party, requesting that the judge rule on some question of the case. If the judge rules against a party on a motion, that party may, in certain circumstances, file a Motion for Reconsideration. A Motion for Reconsideration asks the judge to reconsider his or her decision in the prior motion. The grounds for a Motion for Reconsideration are generally found in the Hawaii Rules of Civil Procedure Rules 59 and 60. They state as follows:
Rule 59. New Trials; Amendment of...Read More
In Hawaii (as in almost all States), communications between an attorney and client (and/or prospective client) are privileged and confidential. Specifically, “[a] communication occurring in the following manner is privileged (1) where legal advice of any kind is sought, (2) from a professional legal adviser in his or her capacity as such, (3) the communication relating to that purpose, (4) made in confidence, (5) by the client, (6) are at his or her instance permanently protected, (7) from disclosure by himself or by the legal adviser, (8) except the protection be waived.” Save Sunset Beach...Read More
On November 6, 2010 the Hawaii State Bar Association held its annual dinner. Our office was honored to purchase a table for such a worthy event.
Proceeds from this event benefited Volunteer Legal Services Hawaii as well as Young Lawyer Division (“YLD”) Service Projects.
Two YLD continuing service projects are “Disaster Assistance Relief Manual,” which provides legal assistance to victims of disasters in Hawaii and “Junior Judges.” ...Read More
The Bill of Rights, the first ten amendments to the United States Constitution, is a list of limitations on the Federal government’s power. The Bill of Rights protects “unalienable rights” such as freedom of speech, press, association, and assembly. Additionally, it provides for guaranteed procedures for those suspected or accused of committing crimes. These include the right to be free from unreasonable searches and seizures, prohibitions of cruel and unusual punishment, and right to a speedy, public trial by an impartial jury. Moreover, almost the entire Bill of Rights applies to the individual states (one exception is the 7th...Read More