section 480-2 deceptive trade practices (Hawaii) · Go Syfert
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section 480-2 deceptive trade practices in Hawaii

6 Hawaii opinions name it 2 courts 2007–2023 1 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 (3)

CaseFollowedCited
Ai v. Frank Huff Agency, Ltd.yellow
haw · 1980 · cited in 2 Hawaii opinions naming this issue, 2010–2017
2 sentences

2017See HRS § 480-13. “[T]he mere existence of a violation is not sufficient ipso facto to support the action; forbidden acts cannot be relevant unless they cause private damage.” Ai, 61 Haw. at 618 , 607 P.2d at 1312 (overruled on other ground by Robert’s, 91 Hawai'i at 247 , 982 P.2d at 876 ).

2017See HRS § 480-13. “[T]he mere existence of a violation is not sufficient ipso facto to support the action; forbidden acts cannot be relevant unless they cause private damage.” Ai, 61 Haw. at 618 , 607 P.2d at 1312 (overruled on other ground by Robert’s, 91 Hawai'i at 247 , 982 P.2d at 876 ).

12
Joy A. McElroy, M.D., Inc. v. Maryl Group, Inc.green
hawapp · 2005 · cited in 1 Hawaii opinions naming this issue, 2007–2007
2 sentences

2007Cf. Joy A. McElroy, M.D., Inc. v. Maryl Group, Inc., 107 Hawai`i 423, 435, 114 P.3d 929, 941 (App. 2005) (determining that a corporation lacked standing to bring an action based upon unfair or deceptive trade practices under HRS § 480-2 inasmuch as "a corporation is not a natural person").

2007Cf.Joy A. McElroy, M.D., Inc. v. Maryl Group, Inc., 107 Hawai'i 423, 435 , 114 P.3d 929, 941 (App.2005) (determining that a corporation lacked standing to bring an action based upon unfair or deceptive trade practices under HRS § 480-2 inasmuch as “a corporation is not a natural person”).

11
Diamond v. State, Board of Land & Natural Resourcesgreen
haw · 2006 · cited in 1 Hawaii opinions naming this issue, 2007–2007
2 sentences

2007Moreover, it is well-established that, "where the statutory language is plain and unambiguous, our sole duty is to give effect to its plain and obvious meaning." Diamond v. State, Bd. of Land & Nat'l Res., 112 Hawai`i 161, 172, 145 P.3d 704, 715 (2006) (citation omitted) (format altered).

2007Moreover, it is well-established that, “where the statutory language is plain and unambiguous, our sole duty is to give effect to its plain and obvious meaning.” Diamond v. State, Bd. of Land & Nat’l Res., 112 Hawai'i 161, 172 , 145 P.3d 704, 715 (2006) (citation omitted) (format altered).

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 (5)

CaseCitedYears
Davis v. Four Seasons Hotel Ltd. green
haw · 2010
2 sentences

2014In their Answering Brief, Defendants contend that pursuant to Davis, 122 Hawai'i 423 , 228 P.3d 303 , a claim brought under HRS § 480-13(a) requires Gurrobat to show that he suffered an “antitrust injury” (i.e., that he was injured as a result of Defendants’ anti-competitive conduct). 19 They argue that Gurrobat presented no evidence that Defendants’ service charge distribution practices had an anti-competitive effect, or that members of the Plaintiff Class suffered injury as a result of an anti-competitive aspect of Defendants’ conduct. 20 Defendants also argue that, although Gurrobat could p

2014In their Answering Brief, Defendants contend that pursuant to Davis, 122 Hawai'i 423 , 228 P.3d 303 , a claim brought under HRS § 480-13(a) requires Gurrobat to show that he suffered an “antitrust injury” (i.e., that he was injured as a result of Defendants’ anti-competitive conduct). 19 They argue that Gurrobat presented no evidence that Defendants’ service charge distribution practices had an anti-competitive effect, or that members of the Plaintiff Class suffered injury as a result of an anti-competitive aspect of Defendants’ conduct. 20 Defendants also argue that, although Gurrobat could p

22010–2014
Hungate v. Law Office of David B. Rosen red
haw · 2017
1 sentence

2023When we took up the unfair acts issue once more in Hungate, we approved Kapunakea’s reasoning: any one of the three criteria could constitute an unfair practice under HRS § 480-2. 139 Hawaiʻi at 411, 391 P.3d at 18 .

12023–2023
Robert's Hawaii School Bus, Inc. v. Laupahoehoe Transportation Co. red
haw · 1999
2 sentences

2017See HRS § 480-13. “[T]he mere existence of a violation is not sufficient ipso facto to support the action; forbidden acts cannot be relevant unless they cause private damage.” Ai, 61 Haw. at 618 , 607 P.2d at 1312 (overruled on other ground by Robert’s, 91 Hawai'i at 247 , 982 P.2d at 876 ).

2017See HRS § 480-13. “[T]he mere existence of a violation is not sufficient ipso facto to support the action; forbidden acts cannot be relevant unless they cause private damage.” Ai, 61 Haw. at 618 , 607 P.2d at 1312 (overruled on other ground by Robert’s, 91 Hawai'i at 247 , 982 P.2d at 876 ).

12017–2017
Flores v. Rawlings Co., LLC green
haw · 2008
2 sentences

2010Similar to HRS § 481B-4, HRS § 443B-20 (1993) provides that "[a] violation of this chapter by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2." Id. at 162, 177 P.3d at 350 .

2010Similar to HRS § 481B-4, HRS § 443B-20 (1993) provides that “[a] violation of this chapter by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2.” Id. at 162, 177 P.3d at 350 .

12010–2010
Courbat v. Dahana Ranch, Inc. green
haw · 2006
2 sentences

2010Citing to Courbat v. Dahana Ranch, Inc., 111 Hawai'i 254 , 141 P.3d 427 (2006), Countrywide argues that these factual differences are critical because the Hawai'i Supreme Court has held that the determination of whether there is an unfair or deceptive trade practice under HRS § 480-2 depends upon the totality of the circumstances.

2010Citing to Courbat v. Dahana Ranch, Inc., 111 Hawai'i 254 , 141 P.3d 427 (2006), Countrywide argues that these factual differences are critical because the Hawai'i Supreme Court has held that the determination of whether there is an unfair or deceptive trade practice under HRS § 480-2 depends upon the totality of the circumstances.

12010–2010

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 480-2 (6) HI § Haw. Rev. Stat. § 480-13 (4) HI § Haw. Rev. Stat. § 480-1 (3)

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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