Hawaii Personal Injury Lawyer Blog

Proudly Serving Honolulu, Maui, Kauai and the Big Island

November 03, 2010

We are saddened to report that according to today’s edition of the Star Advertiser, a 45 year old woman was struck by a vehicle yesterday morning at about 10:50 am near Waianae High School.  According to the article, she was crossing Farrington Highway near Alawa Place and died at Waianae Coast Comprehensive Health Center as a result of the accident.  The article also stated that she was Oahu’s 50th traffic fatality this year, up from 46 traffic fatalities this time last year.

You can find the article at: http://www.staradvertiser.com/news/...

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October 30, 2010

In Hawaii (and all around the U.S.), motions for injunctive relief are frequently used in matters where a party is attempting to seek some form of relief other than money.  For instance, an injunction was recently requested in HGEA v Lingle, 239 P.3d 1 (Hawai‘i, September 8, 2010) whereby the HGEA requested an injunction to prohibit the Governor from imposing furloughs on public employees.  In Hawaii Federal Court, “a plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary...

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October 14, 2010

Hawaii attorney Philip R. Brown was recently included in Honolulu Magazine’s 2010 edition of The Best Lawyers in Hawaii. 

Philip Brown is also listed in The Best Lawyers in America under Commercial Litigation. Mr. Brown also has the highest ethical/legal rating (AV) from Martindale...

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October 07, 2010

Negligent infliction of emotional distress (NIED) is an independent tort claim which arises when a tortfeasor causes emotional distress to another person resulting in a manifestation of physical injury.

Historically, a Plaintiff alleging a NIED claim was required to demonstrate that he suffered emotional distress which resulted in a physical injury.  In 1970, the Supreme Court of Hawaii held, in the landmark case Rodrigues v. State, that a claimant could bring a NIED claim based solely out of damage done to his home – the first state to abandon the physical injury requirement. ...

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October 02, 2010

We successfully represented property owners damaged by the Ka Loko Dam breach that occurred on Kauai on March 14, 2006.  See our previous blogs dated  November 3, 2009 and September 26, 2007.  The Ka Loko Dam breach killed seven people.  The Dam Safety Act (HRS § 179D-1, et. al.) was revised in 2007 as a result of the Ka Loko Dam breach.  According to an article by KHON2, the State of Hawaii is planning to hold statewide hearings about proposed new dam regulation.  Ideally, these proposals will provide more effective regulations and oversight for existing dams and for the construction of new dams in Hawaii.  Please find below a link to...

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September 25, 2010

Hawaii Courts Should Transition to “Paperless”

In the legal profession, we use an inordinate amount of paper.  All Hawaii attorneys should move toward a “paperless office” by utilizing the technology of scanning documents and electronic storage of documents.  Indeed, the use of electronic versions of documents has become increasingly sophisticated.  Electronic scanning of documents saves paper and helps the environment.  We continue to use our best efforts to go as “paperless” as possible by, among other things, storing files electronically and sending correspondence and documents via email transmittal.

Approximately four...

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September 23, 2010

“Generally, under the ‘American Rule’ each party is responsible for paying his or her own litigation expenses.”  Hall v. Laroya, –P.3d —, 2010 WL 3438726, *3 (Hawaii App., September 2, 2010)(citations omitted).  However, in Hawaii, Haw. Rev. Stat. §607-14 allows for an award of attorneys fees to the prevailing party “in all actions in the nature of assumpsit.” Haw. Rev. Stat. §607-14.  The amount of attorneys fees awarded pursuant to Haw. Rev. Stat. §607-14 “shall not exceed twenty-five percent of the judgment.”  Id

 Actions “in the...

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September 21, 2010

Justin Chu recently joined our office.  I have asked Justin to periodically blog about his observations during his first year as an attorney.  The following is a such blog: 

A student transitioning from law school to first year attorney gets a sudden and unexpected lesson in physics – he learns about the relative value of time. 

In law school, the amount of time a student spends on studying or working on a particular project is a badge of honor.  Peers revere the library “weekend warrior,” whose battle wounds of baggy eyes, unkempt hair, and coffee stained teeth evidence their commitment to being the best in class.  Indeed,...

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September 16, 2010

Crude, the 2009 Sundance Film Festival award winning documentary, recently premiered here in Honolulu on August 23, 2010.  I was able to attend the premiere downtown and the documentary was an interesting film that followed a class action lawsuit against Chevron in Ecuador. According to the film, the lawsuit alleges that from the 1960s to 1980s Texaco devastated portions of a jungle while drilling for oil. Chevron is a Defendant in the lawsuit because it acquired Texaco in 2001.

Since its debut in 2009, Crude has won over a dozen awards and been shown at over 50 venues worldwide...

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September 01, 2010

Justin Chu recently joined our firm. I asked him to write a blog about his experiences thus far. Here it is:

As written in a previous blog, I joined this office in July of 2010. Having graduated from law school in May of 2009 and passed the bar in November, this is my first associate attorney position. My blog entries, therefore, will be about the practice of law as seen by someone just out of law school.

Being a law student and being a law practice professional are, surprisingly, two very different experiences. In law school, there are no clients, no judges, and no opposing counsel – only other students and professors....

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