section 657-7 two year statute of limitations (Hawaii) · Go Syfert
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section 657-7 two year statute of limitations in Hawaii

9 Hawaii opinions name it 2 courts 1981–2024 4 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Pele Defense Fund v. Patygreen
haw · 1992 · cited in 1 Hawaii opinions naming this issue, 2024–2024
2 sentences

2024Fund v. Paty, 73 Haw. 578, 595 , 837 P.2d 1247, 1259 (1992) (holding that two-year statute of limitations in HRS § 657-7 governs 42 U.S.C. § 1983 actions).

2024Fund v. Paty, 73 Haw. 578, 595 , 837 P.2d 1247, 1259 (1992) (holding that two-year statute of limitations in HRS § 657-7 governs 42 U.S.C. § 1983 actions).

11
Kutcher v. Zimmermangreen
hawapp · 1998 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022See Complaint ¶¶ 24 to 27; One Wailea Dev., LLC v. Warren S. Unemori Eng'g, Inc., No. CAAP-XX-XXXXXXX, 2016 WL 2941062 (App. Apr. 20, 2016), at *15 (mem.) (citing HRS § 657-7; Kutcher v. Zimmerman, 87 Hawai#i 394, 406, 957 P.2d 1076, 1088 (1998) (holding that a cause of action for interference with prospective contractual relations "run[s] parallel to that for interference with existing contracts[.]")).

11
Gomez v. American Airlines, Inc.green
hawapp · 2006 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022Nationstar and Fannie Mae argue that the two-year statute of limitations under HRS § 657-7 applies here because it concerns compensation for "injury to persons or property" and Guyer "seeks to recover monetary damages resulting from his loss of possession and use of the Property." In Delapinia v. Nationstar Mortgage LLC, 146 Hawai#i 218, 224, 458 P.3d 929 , 935 (App. 2020), affirmed in part, vacated in part, 150 Hawai#i 91, 497 P.3d 106 (2021) (Delapinia II), this court observed that: [t]he supreme court has interpreted HRS § 657-7 "to apply to 'claims for damages resulting from physical injur

11
Silva v. City and County of Honolulugreen
haw · 2007 · cited in 1 Hawaii opinions naming this issue, 2022–2022
1 sentence

2022See Silva, 115 Hawai‘i at 8 n.6, 165 P.3d at 254 n.6.

11
Hays v. City and County of Honolulugreen
haw · 1996 · cited in 1 Hawaii opinions naming this issue, 1996–1996
2 sentences

1996Recently, in Hays , we reiterated the well-established formulation of the “discovery rule” in Hawai'i, which provides that “the limitations period under HRS §§ 657-7 and 657-7.3 begins to run at the moment plaintiff discovers or should have discovered the negligent act, the damage, and the causal connection between the former and the latter.” Hays, 81 Hawai'i at 396 , 917 P.2d at 723 (citation, internal quotation marks, and brackets omitted).

1996Recently, in Hays , we reiterated the well-established formulation of the “discovery rule” in Hawai'i, which provides that “the limitations period under HRS §§ 657-7 and 657-7.3 begins to run at the moment plaintiff discovers or should have discovered the negligent act, the damage, and the causal connection between the former and the latter.” Hays, 81 Hawai'i at 396 , 917 P.2d at 723 (citation, internal quotation marks, and brackets omitted).

11
Clark v. Cassidygreen
haw · 1981 · cited in 1 Hawaii opinions naming this issue, 1982–1982
2 sentences

1982See Clark v. Cassidy, 64 Haw. 74, 77 , 636 P.2d 1344, 1346 (1981); Graham Construction Supply, Inc. v. Schraeder Construction, Inc., 63 Haw. 540, 546 , 632 P.2d 649, 653 (1981); HRS § 1-3 (1976).

1982See Clark v. Cassidy, 64 Haw. 74, 77 , 636 P.2d 1344, 1346 (1981); Graham Construction Supply, Inc. v. Schraeder Construction, Inc., 63 Haw. 540, 546 , 632 P.2d 649, 653 (1981); HRS § 1-3 (1976).

11
Graham Construction Supply, Inc. v. Schrader Construction, Inc.green
haw · 1981 · cited in 1 Hawaii opinions naming this issue, 1982–1982
2 sentences

1982See Clark v. Cassidy, 64 Haw. 74, 77 , 636 P.2d 1344, 1346 (1981); Graham Construction Supply, Inc. v. Schraeder Construction, Inc., 63 Haw. 540, 546 , 632 P.2d 649, 653 (1981); HRS § 1-3 (1976).

1982See Clark v. Cassidy, 64 Haw. 74, 77 , 636 P.2d 1344, 1346 (1981); Graham Construction Supply, Inc. v. Schraeder Construction, Inc., 63 Haw. 540, 546 , 632 P.2d 649, 653 (1981); HRS § 1-3 (1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Delapinia v. Nationstar Mortgage LLC. green
hawapp · 2020
1 sentence

2022Nationstar and Fannie Mae argue that the two-year statute of limitations under HRS § 657-7 applies here because it concerns compensation for "injury to persons or property" and Guyer "seeks to recover monetary damages resulting from his loss of possession and use of the Property." In Delapinia v. Nationstar Mortgage LLC, 146 Hawai#i 218, 224, 458 P.3d 929 , 935 (App. 2020), affirmed in part, vacated in part, 150 Hawai#i 91, 497 P.3d 106 (2021) (Delapinia II), this court observed that: [t]he supreme court has interpreted HRS § 657-7 "to apply to 'claims for damages resulting from physical injur

12022–2022
Au v. Au green
haw · 1981
1 sentence

2022Nationstar and Fannie Mae argue that the two-year statute of limitations under HRS § 657-7 applies here because it concerns compensation for "injury to persons or property" and Guyer "seeks to recover monetary damages resulting from his loss of possession and use of the Property." In Delapinia v. Nationstar Mortgage LLC, 146 Hawai#i 218, 224, 458 P.3d 929 , 935 (App. 2020), affirmed in part, vacated in part, 150 Hawai#i 91, 497 P.3d 106 (2021) (Delapinia II), this court observed that: [t]he supreme court has interpreted HRS § 657-7 "to apply to 'claims for damages resulting from physical injur

12022–2022
Delapinia v. Nationstar Mortgage LLC. green
haw · 2021
1 sentence

2022Nationstar and Fannie Mae argue that the two-year statute of limitations under HRS § 657-7 applies here because it concerns compensation for "injury to persons or property" and Guyer "seeks to recover monetary damages resulting from his loss of possession and use of the Property." In Delapinia v. Nationstar Mortgage LLC, 146 Hawai#i 218, 224, 458 P.3d 929 , 935 (App. 2020), affirmed in part, vacated in part, 150 Hawai#i 91, 497 P.3d 106 (2021) (Delapinia II), this court observed that: [t]he supreme court has interpreted HRS § 657-7 "to apply to 'claims for damages resulting from physical injur

12022–2022
Hatsumi Yoshizaki v. Hilo Hospital green
haw · 1967
2 sentences

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

12006–2006
Hatsumi Yoshizaki v. Hilo Hospital green
haw · 1967
2 sentences

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

12006–2006
Larsen v. Pacesetter Systems, Inc. green
haw · 1992
2 sentences

2006Larsen, 74 Haw. at 11-12 , 837 P.2d at 1279-80 .

2006Larsen, 74 Haw. at 11-12 , 837 P.2d at 1279-80 .

12006–2006
Hatsumi Yoshizaki v. Hilo Hospital green
haw · 1967
2 sentences

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

2006Plainly, HRS § 657-7 applies the limitation to “[a]etions for the recovery of compensation for damage or injury to persons or property!!]” And in a medical malpractice action, the supreme court answered the question, “whether plaintiff can escape the bar of the two-year statute and attain the benefit of the six-year statute by suing ex contractu[,]” Yoshizaki v. Hilo Hosp., 50 Haw. 1, 14 , 427 P.2d 845, 853 , reh’g granted, 50 Haw. 40 , 429 P.2d 829 , rev’d on other grounds, 50 Haw. 150 , 433 P.2d 220 (1967), as follows: “The form of the action is inconsequential.

12006–2006
Salavea v. City and County of Honolulu green
haw · 1973
2 sentences

2004Although not relevant under the equal protection analysis, this third class further illustrates the arbitrary nature of HRS § 46-72. [12] This refers to Part I, entitled "Personal Actions," of Chapter 657, entitled "Limitations of Actions," under Title 36 of the Hawai'i Revised Statutes, entitled "Civil Remedies and Defenses and Special Proceedings." [13] HRS § 46-72 and Section 12-106 of the Charter of the City and County of Honolulu both involve notice of claim requirements which this court decided "operates, in reality, as a statute of limitations." Salavea, 55 Haw. at 218 , 517 P.2d at 53

2004Although not relevant under the equal protection analysis, this third class further illustrates the arbitrary nature of HRS § 46-72. [12] This refers to Part I, entitled "Personal Actions," of Chapter 657, entitled "Limitations of Actions," under Title 36 of the Hawai'i Revised Statutes, entitled "Civil Remedies and Defenses and Special Proceedings." [13] HRS § 46-72 and Section 12-106 of the Charter of the City and County of Honolulu both involve notice of claim requirements which this court decided "operates, in reality, as a statute of limitations." Salavea, 55 Haw. at 218 , 517 P.2d at 53

12004–2004
Malone v. University of Kansas Medical Center green
kan · 1976
2 sentences

1981Malone v. Univ. of Kansas Medical Center, 220 Kan. 371 , 552 P.2d 885 (1976). *215 The record in this case reveals that the trial court applied the two-year limitations period of HRS § 657-7 4 to each count of the complaint.

1981Malone v. Univ. of Kansas Medical Center, 220 Kan. 371 , 552 P.2d 885 (1976). *215 The record in this case reveals that the trial court applied the two-year limitations period of HRS § 657-7 4 to each count of the complaint.

11981–1981

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 657-7 (9) HI § Haw. Rev. Stat. § 657-13 (6) HI § Haw. Rev. Stat. § 657-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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