13 Hawaii opinions name it 2 courts 1972–2023 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.
| Case | Followed | Cited |
|---|---|---|
State v. Tailogreen2 sentences2020Id. at 583 , 779 P.2d at 13-14 (emphasis added). 2020Id. at 583 , 779 P.2d at 13-14 (emphasis added). | 4 | 4 |
State v. Richiegreen2 sentences2023State v. Richie, 88 Hawaiʻi 19, 41, 960 P.2d 1227, 1249 (1998) (citing Duren v. Missouri, 439 U.S. 357 (1979)). 2002Richie, 88 Hawai`i at 41, 960 P.2d at 1249 (quoting Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979)). | 1 | 2 |
Valley Oak Credit Union v. Villegas (In Re Villegas)green1 sentence2018In re Villegas, 132 B.R. 742, 747 (B.A.P. 9th Cir. 1991), is squarely on point. | 1 | 1 |
Ray v. KAPIOLANI MEDICAL SPECIALISTSgreen2 sentences2015Garcia contends that Robinson’s deposition testimony established the materiality of that risk because “[Robinson] admitted that he should have advised [Garcia] of the possibility that the surgery might not be beneficiai[.]” As noted supra, expert testimony is needed to prove the materiality of an alleged risk, which includes “the nature of risks inherent in a particular treatment, the probability of therapeutic success, the frequency of the occurrence of particular risks, and the nature of available alternatives to treatment.” Ray, 125 Hawai'i at 268 , 259 P.3d at 584 (citation and internal qu 2015Garcia contends that Robinson’s deposition testimony established the materiality of that risk because “[Robinson] admitted that he should have advised [Garcia] of the possibility that the surgery might not be beneficiai[.]” As noted supra, expert testimony is needed to prove the materiality of an alleged risk, which includes “the nature of risks inherent in a particular treatment, the probability of therapeutic success, the frequency of the occurrence of particular risks, and the nature of available alternatives to treatment.” Ray, 125 Hawai'i at 268 , 259 P.3d at 584 (citation and internal qu | 1 | 1 |
Joan A. HAGANS, Plaintiff-Appellant, v. Cecil ANDRUS, Secretary of the Department of the Interior, Defendant-Appelleegreen1 sentence1998Hagans v. Andrus, 651 F.2d 622, 624-26 (9th Cir.1981). | 1 | 1 |
Frank J. Kozak v. Willard B. Wells, Administrator, Etc.green2 sentences1972See Kozak v. Wells, 278 F.2d 104 (8th Cir. 1960); State ex rel. 1972Kozak v. Wells, 278 F.2d 104 (8th Cir. 1960); Wood v. Denver City Water Works Company, 20 Colo. 253 , 38 P.239 (1894). | 1 | 1 |
Harry J. Stadin v. Union Electric Companygreen1 sentence1972See Stadin v. Union Electric Company, 309 F.2d 912, 917 (8th Cir. 1962). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duren v. Missouri
green
2 sentences2023State v. Richie, 88 Hawaiʻi 19, 41, 960 P.2d 1227, 1249 (1998) (citing Duren v. Missouri, 439 U.S. 357 (1979)). 2002Richie, 88 Hawai`i at 41, 960 P.2d at 1249 (quoting Duren v. Missouri, 439 U.S. 357, 364 , 99 S.Ct. 664 , 58 L.Ed.2d 579 (1979)). | 3 | 1998–2023 |
Shoppe v. Gucci America, Inc.
green
1 sentence2001Because Plaintiff argues that Defendants intentionally discriminated against him on the basis of age, his claim may be characterized as “individual ‘disparate treatment’ discrimination[,]” that is, “intentional discrimination against an individual who belongs to a protected class.” 56 Shoppe, 94 Hawai'i at 377-78 , 14 P.3d at 1058-59 . | 1 | 2001–2001 |
Wagatsuma v. Patch
green
1 sentence1999To establish a prima facie claim for strict product liability, the plaintiff has the burden “to prove (1) a defect in the product which rendered it unreasonably dangerous for its intended or reasonably foreseeable use; and (2) a causal connection between the defect and [the] plaintiffs injuries.” Tabieros, 85 Hawai'i at 354 , 944 P.2d at 1297 (quoting Wagatsuma , 10 Haw.App. *17 at 566, 879 P.2d at 583 -84 (citing Ontai, 66 Haw. at 243 , 659 P.2d at 740 )). | 1 | 1999–1999 |
Ontai v. Straub Clinic & Hospital Inc.
green
2 sentences1999To establish a prima facie claim for strict product liability, the plaintiff has the burden “to prove (1) a defect in the product which rendered it unreasonably dangerous for its intended or reasonably foreseeable use; and (2) a causal connection between the defect and [the] plaintiffs injuries.” Tabieros, 85 Hawai'i at 354 , 944 P.2d at 1297 (quoting Wagatsuma , 10 Haw.App. *17 at 566, 879 P.2d at 583 -84 (citing Ontai, 66 Haw. at 243 , 659 P.2d at 740 )). 1999To establish a prima facie claim for strict product liability, the plaintiff has the burden “to prove (1) a defect in the product which rendered it unreasonably dangerous for its intended or reasonably foreseeable use; and (2) a causal connection between the defect and [the] plaintiffs injuries.” Tabieros, 85 Hawai'i at 354 , 944 P.2d at 1297 (quoting Wagatsuma , 10 Haw.App. *17 at 566, 879 P.2d at 583 -84 (citing Ontai, 66 Haw. at 243 , 659 P.2d at 740 )). | 1 | 1999–1999 |
Tabieros v. Clark Equipment Co.
green
2 sentences1999To establish a prima facie claim for strict product liability, the plaintiff has the burden “to prove (1) a defect in the product which rendered it unreasonably dangerous for its intended or reasonably foreseeable use; and (2) a causal connection between the defect and [the] plaintiffs injuries.” Tabieros, 85 Hawai'i at 354 , 944 P.2d at 1297 (quoting Wagatsuma , 10 Haw.App. *17 at 566, 879 P.2d at 583 -84 (citing Ontai, 66 Haw. at 243 , 659 P.2d at 740 )). 1999To establish a prima facie claim for strict product liability, the plaintiff has the burden “to prove (1) a defect in the product which rendered it unreasonably dangerous for its intended or reasonably foreseeable use; and (2) a causal connection between the defect and [the] plaintiffs injuries.” Tabieros, 85 Hawai'i at 354 , 944 P.2d at 1297 (quoting Wagatsuma , 10 Haw.App. *17 at 566, 879 P.2d at 583 -84 (citing Ontai, 66 Haw. at 243 , 659 P.2d at 740 )). | 1 | 1999–1999 |
Wood v. Denver City Water Works Co.
neutral
1 sentence1972Kozak v. Wells, 278 F.2d 104 (8th Cir. 1960); Wood v. Denver City Water Works Company, 20 Colo. 253 , 38 P.239 (1894). | 1 | 1972–1972 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.