11 Hawaii opinions name it 2 courts 1897–2023 2 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. Hoglundgreen2 sentences2023See Hoglund, 71 Haw. at 150 , 785 P.2d at 1313 . 2023See Hoglund, 71 Haw. at 150 , 785 P.2d at 1313 . | 1 | 2 |
State v. Mosesgreen1 sentence2021See Moses, 102 Hawai#i at 456, 77 P.3d at 947 ; Hoglund, 71 Haw. at 150 , 785 P.2d at 1313 . | 1 | 1 |
Susan J. Mayors v. Commissioner of Internal Revenuegreen1 sentence2015Citing Mayors v. Comm’r of Internal Revenue, 785 F.2d 757, 761 (9th Cir.1986), Appellees submit: “Where a defendant has a good faith belief that an obligation must be paid—as opposed to the actual legal enforceability of the obligation being paid—the former is determinative.” This supposition is flawed on a number of levels. | 1 | 1 |
Swanson v. McGrawgreen2 sentences1996As noted by the Iowa Supreme Court’s decision in Swanson v. McGraw, 447 N.W.2d 541, 543 (Iowa 1989), the above-delineated standard for wanton conduct is “difficult to prove.” In order to plead and prove a case based on wilful and wanton misconduct, therefore, allegations and proof are required for either an actual intent to injure on the part of the tortfeasor co-employee, or all three of the elements of “wanton” conduct, including a conscious failure to avoid the peril. 1996As noted by the Iowa Supreme Court's decision in Swanson v. McGraw, 447 N.W.2d 541, 543 (Iowa 1989), the above-delineated standard for wanton conduct is "difficult to prove." In order to plead and prove a case based on wilful and wanton misconduct, therefore, allegations and proof are required for either an actual intent to injure on the part of the tortfeasor co-employee, or all three of the elements of "wanton" conduct, including a conscious failure to avoid the peril. | 1 | 1 |
United States v. Gambinogreen1 sentence1991Ed. 306 (1932) — which provides that cumulative penalties, and thus successive prosecutions, should not be barred if each offense charged requires proof of an element which the other does not — constituted the full extent of double jeopardy protection.” United States v. Gambino, 742 F. Supp. 855, 857 (S.D.N.Y.), aff'd, 923 F.2d 846 (2d Cir. 1990) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pacific Express Co. v. Seibert
green
2 sentences1901“In Pacific Express Co. v. Seibert, 142 U. S. 339 , a special tax was laid upon express companies which did not own their own means of transportation and not upon other express companies, and the contention was that the rule of uniformity and equality was destroyed by arbitrary discrimination, but the court held that there was an essential difference between companies that owned their own means of transportation and those that did not, inasmuch as the former possessed property which was subject to other taxes and the latter .would escape taxation unless taxed specially, and hence the classific 1897In Pacific Express Co. v. Seibert, 142 U. S. 339 , a special tax was laid upon express companies which did not own their own means of transportation and not upon other express companies, and the contention was that the rule of uniformity and equality was destroyed by arbitrary discrimination, but the court held that there was an essential difference between companies that owned their own means of transportation and those that did not, inasmuch as the former possessed property which was subject to other taxes and the latter would escape taxation unless taxed specially, and hence the classificat | 2 | 1897–1901 |
State v. Basque
green
2 sentences2018In Basque , we addressed the State's contention that the rule in Lui , later codified as HRE Rule 404(a)(2), "allows only the use of character evidence-to be proved by reputation or opinion-and not evidence of 'other crimes, wrongs, or acts,' which is covered by Rule 404(b)." 66 Haw. at 513 -14 , 666 P.2d at 602 . 2018In Basque , we addressed the State's contention that the rule in Lui , later codified as HRE Rule 404(a)(2), "allows only the use of character evidence-to be proved by reputation or opinion-and not evidence of 'other crimes, wrongs, or acts,' which is covered by Rule 404(b)." 66 Haw. at 513 -14 , 666 P.2d at 602 . | 1 | 2018–2018 |
Lawhead v. United Air Lines
green
2 sentences2014The court rejected the employer’s contention that the claim should be denied because the claimant “failed to show that she was exposed to an increased risk attributable to work.” Id. at 560 , 584 P.2d at 125 . 2014The court rejected the employer’s contention that the claim should be denied because the claimant “failed to show that she was exposed to an increased risk attributable to work.” Id. at 560 , 584 P.2d at 125 . | 1 | 2014–2014 |
Iddings v. Mee-Lee
green
1 sentence1996Fourth, the dissent's contention that the immunity provisions of HRS chapter 386 may be "easily circumvented by simply claiming that a supervising employee allowed an employee to work in an unsafe environment," dissenting opinion at 19, 919 P.2d at 281 , is specious, and the dissent's fear that "almost any claim for an on-the-job injury may be framed as a claim under HRS § 386-8 against a supervising employee for `wantonly' allowing the employee to work in an unsafe environment," id., is based on an incomplete statement of the standard adopted by this opinion for "wilful and wanton misconduct. | 1 | 1996–1996 |
Blockburger v. United States
green
2 sentences1991In reaching its holding in Grady , the Supreme Court “rejected the contention that the test of Blockburger v. United States, 284 U.S. 299 , 52 S. Ct. 180 , 76 L. 1991In reaching its holding in Grady , the Supreme Court “rejected the contention that the test of Blockburger v. United States, 284 U.S. 299 , 52 S. Ct. 180 , 76 L. | 1 | 1991–1991 |
In Re Barth (Leslie)
green
1 sentence1991Ed. 306 (1932) — which provides that cumulative penalties, and thus successive prosecutions, should not be barred if each offense charged requires proof of an element which the other does not — constituted the full extent of double jeopardy protection.” United States v. Gambino, 742 F. Supp. 855, 857 (S.D.N.Y.), aff'd, 923 F.2d 846 (2d Cir. 1990) (citation omitted). | 1 | 1991–1991 |
Slidell v. Grandjean
green
2 sentences1966The State cites Slidell v. Grandjean, 111 U.S. 412 , 4 S.Ct. 475 , 28 L.Ed. 321 , and Coosaw Mining Co. v. State of South Carolina, 144 U.S. 550 , 12 S.Ct. 689 , 36 L.Ed. 537 , for the rule that where a statute operates as a grant of public property to an individual, the statute should be strictly construed in favor of the sovereign interest. 1966The State cites Slidell v. Grandjean, 111 U.S. 412 , 4 S.Ct. 475 , 28 L.Ed. 321 , and Coosaw Mining Co. v. State of South Carolina, 144 U.S. 550 , 12 S.Ct. 689 , 36 L.Ed. 537 , for the rule that where a statute operates as a grant of public property to an individual, the statute should be strictly construed in favor of the sovereign interest. | 1 | 1966–1966 |
Stellwagen v. Tucker
green
1 sentence1966The State cites Slidell v. Grandjean, 111 U.S. 412 , 4 S.Ct. 475 , 28 L.Ed. 321 , and Coosaw Mining Co. v. State of South Carolina, 144 U.S. 550 , 12 S.Ct. 689 , 36 L.Ed. 537 , for the rule that where a statute operates as a grant of public property to an individual, the statute should be strictly construed in favor of the sovereign interest. | 1 | 1966–1966 |
Coosaw Mining Co. v. South Carolina
green
2 sentences1966The State cites Slidell v. Grandjean, 111 U.S. 412 , 4 S.Ct. 475 , 28 L.Ed. 321 , and Coosaw Mining Co. v. State of South Carolina, 144 U.S. 550 , 12 S.Ct. 689 , 36 L.Ed. 537 , for the rule that where a statute operates as a grant of public property to an individual, the statute should be strictly construed in favor of the sovereign interest. 1966The State cites Slidell v. Grandjean, 111 U.S. 412 , 4 S.Ct. 475 , 28 L.Ed. 321 , and Coosaw Mining Co. v. State of South Carolina, 144 U.S. 550 , 12 S.Ct. 689 , 36 L.Ed. 537 , for the rule that where a statute operates as a grant of public property to an individual, the statute should be strictly construed in favor of the sovereign interest. | 1 | 1966–1966 |
Luka v. Poohina
neutral
1 sentence1945(Okuu v. Kaiaikawaha, 7 Haw. 311 ; Luka v. Poohina, 3 Haw. 728 .) *59 Hence, the contention that a waiver arises from an omission in a motion after verdict is untenable in so far as it concerns alleged errors of trial in the appellant’s bill of exceptions. | 1 | 1945–1945 |
Okuu v. Kaiaikawaha
green
1 sentence1945(Okuu v. Kaiaikawaha, 7 Haw. 311 ; Luka v. Poohina, 3 Haw. 728 .) *59 Hence, the contention that a waiver arises from an omission in a motion after verdict is untenable in so far as it concerns alleged errors of trial in the appellant’s bill of exceptions. | 1 | 1945–1945 |
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.