11 Hawaii opinions name it 2 courts 1960–2024 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 |
|---|---|---|
Doe v. Doegreen2 sentences2014As this court has long held, in child custody cases, “a guiding principle for family courts in awarding custody under Hawaii law is the best interest of the child.” HRS § 571-46 (Supp.2011); Doe, 98 Hawai'i at 155 , 44 P.3d at 1096 . 2014As this court has long held, in child custody cases, “a guiding principle for family courts in awarding custody under Hawaii law is the best interest of the child.” HRS § 571-46 (Supp.2011); Doe, 98 Hawai'i at 155 , 44 P.3d at 1096 . | 2 | 2 |
Yee v. Yeegreen2 sentences2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci 2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci | 2 | 2 |
In Re Doegreen2 sentences2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci 2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci | 2 | 2 |
Fujikane v. Fujikanegreen2 sentences2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci 2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci | 2 | 2 |
Daiichi Hawai'i Real Estate Corp. v. Lichtergreen2 sentences2015Nordic further argued that waiver cannot occur when disclosures are insufficient because (1) neutral, as opposed to non-neutral, arbitrators have a higher duty to disclose; and (2) the original disclosure did not provide (a) notice of present and future relationships, and (b) “actual information that would impart actual knowledge.” In response, LPIHGC argued 12 that Daiichi Hawaii Real Estate Corp. v. Lichter, 103 *38 Hawai'i 325, 82 P.3d 411 (2003), supplies the guiding standard for evident partiality. 2015Nordic further argued that waiver cannot occur when disclosures are insufficient because (1) neutral, as opposed to non-neutral, arbitrators have a higher duty to disclose; and (2) the original disclosure did not provide (a) notice of present and future relationships, and (b) “actual information that would impart actual knowledge.” In response, LPIHGC argued12 that Daiichi Hawaii Real Estate Corp. v. Lichter, 103 Hawai#i 325, 82 P.3d 411 (2003), supplies the guiding standard for evident partiality. | 1 | 2 |
AC v. ACgreen1 sentence2024Mother is not present [sic] a fit or proper parent who can provide a stable, safe and wholesome home for the minor children. (continued . . .) 4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER 230, 339 P.3d 719, 728 (2014) ("[I]n child custody cases, a guiding principle for family courts in awarding custody under Hawaiʻi law is the best interest of the child.") (cleaned up); DJ v. CJ, 147 Hawaiʻi 2, 23, 464 P.3d 790, 811 (2020) ("[T]he governing consideration is not a parent's interests, but whether allowing relocation is in the best interests of the child.") (cleaned up); s | 1 | 1 |
DJ v. CJ.green1 sentence2024Mother is not present [sic] a fit or proper parent who can provide a stable, safe and wholesome home for the minor children. (continued . . .) 4 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER 230, 339 P.3d 719, 728 (2014) ("[I]n child custody cases, a guiding principle for family courts in awarding custody under Hawaiʻi law is the best interest of the child.") (cleaned up); DJ v. CJ, 147 Hawaiʻi 2, 23, 464 P.3d 790, 811 (2020) ("[T]he governing consideration is not a parent's interests, but whether allowing relocation is in the best interests of the child.") (cleaned up); s | 1 | 1 |
State v. Yamashita.green2 sentences2022The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows: 15 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** indicates “the guiding inquiry in imposing a CVC fee is whether the defendant is presently able to pay such a fee.” 151 Hawaiʻi at 398, 515 P.3d at 215 (emphasis in original). 2022We held the CVC fee should not have been imposed because the trial court’s findings only “bore on [the defendant’s] future, not present, ability to pay the fee.” 151 Hawaiʻi at 399, 515 P.3d at 216 . | 1 | 1 |
Koolau Radiology, Inc. v. Queen's Medical Centergreen2 sentences2006Ctr., 73 Haw. 433, 445 , 834 P.2d 1294, 1300 (1992); see also Luke v. Gentry Realty, Ltd., 105 Hawai'i 241, 247 , 96 P.3d 261, 267 (2004) (“Even though arbitration has a favored place, there still must be an underlying agreement between the parties to arbitrate.” (Citation and internal quotation marks omitted.)). 1. 2006Ctr., 73 Haw. 433, 445 , 834 P.2d 1294, 1300 (1992); see also Luke v. Gentry Realty, Ltd., 105 Hawai'i 241, 247 , 96 P.3d 261, 267 (2004) (“Even though arbitration has a favored place, there still must be an underlying agreement between the parties to arbitrate.” (Citation and internal quotation marks omitted.)). 1. | 1 | 1 |
Luke v. Gentry Realty, Ltd.green2 sentences2006Ctr., 73 Haw. 433, 445 , 834 P.2d 1294, 1300 (1992); see also Luke v. Gentry Realty, Ltd., 105 Hawai'i 241, 247 , 96 P.3d 261, 267 (2004) (“Even though arbitration has a favored place, there still must be an underlying agreement between the parties to arbitrate.” (Citation and internal quotation marks omitted.)). 1. 2006Ctr., 73 Haw. 433, 445 , 834 P.2d 1294, 1300 (1992); see also Luke v. Gentry Realty, Ltd., 105 Hawai'i 241, 247 , 96 P.3d 261, 267 (2004) (“Even though arbitration has a favored place, there still must be an underlying agreement between the parties to arbitrate.” (Citation and internal quotation marks omitted.)). 1. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dacoscos v. Dacoscos
neutral
1 sentence2014“Thus, in custody proceedings, ‘the paramount consideration ... is the best interests of the child.’ ” Doe, 98 Hawai'i at 156 , 44 P.3d at 1097 (emphasis added) (quoting In re Doe, 52 Haw. 448, 453 , 478 P.2d 844, 847 (1970)); see also Fujikane v. Fujikane, 61 Haw. 352, 354 , 604 P.2d 43, 45 (1979) (“The critical question to be resolved in any custody proceeding is what action will be in the best interests of the child.” (citation omitted)); Yee v. Yee, 48 Haw. 439, 441 , 404 P.2d 370, 372 (1965) (“In any custody proceeding, the welfare of the minor children is of paramount consideration.” (ci | 1 | 2014–2014 |
Blazovic v. Andrich
green
2 sentences1998In doing so, the court directed that “comparative negligence principles” be applied because such principles would “adhere most closely to the guiding principle of comparative fault—to distribute the loss in proportion to the respective faults of the parties causing that loss.” Id. at 231 . 1998Thus, under the rule adopted, “the responsibility for a plaintiffs claimed injury is to be apportioned according to each party’s relative degree of fault[.]” Id. at 231 . | 1 | 1998–1998 |
Estate of Calibuso Ex Rel. Calibuso v. Pacific Insurance
green
2 sentences1988The guiding principle underlying all of these decisions was to effectuate the legislative intent of the uninsured motorist statute HRS § 431-448 “to protect innocent victims of financially irresponsible drivers.” 62 Haw. at 430 , 616 P.2d at 1360 . 1988The guiding principle underlying all of these decisions was to effectuate the legislative intent of the uninsured motorist statute HRS § 431-448 “to protect innocent victims of financially irresponsible drivers.” 62 Haw. at 430 , 616 P.2d at 1360 . | 1 | 1988–1988 |
State v. Ahakuelo
green
1 sentence1986State v. Ahakuelo, 5 Haw. | 1 | 1986–1986 |
Coleman v. Miller
green
1 sentence1960Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.” Carmichael v. Southern Coal Co., 301 U.S. 495, 510 ; Cf., Steward Machine Co. v. Davis, 301 U.S. 548 ; Coleman v. Miller, 307 U.S. 433 ; C. & S. Air Lines v. Waterman Corp., 333 U.S. 103 . | 1 | 1960–1960 |
Steward MacHine Co. v. Davis
green
1 sentence1960Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.” Carmichael v. Southern Coal Co., 301 U.S. 495, 510 ; Cf., Steward Machine Co. v. Davis, 301 U.S. 548 ; Coleman v. Miller, 307 U.S. 433 ; C. & S. Air Lines v. Waterman Corp., 333 U.S. 103 . | 1 | 1960–1960 |
Carmichael v. Southern Coal & Coke Co.
green
1 sentence1960Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.” Carmichael v. Southern Coal Co., 301 U.S. 495, 510 ; Cf., Steward Machine Co. v. Davis, 301 U.S. 548 ; Coleman v. Miller, 307 U.S. 433 ; C. & S. Air Lines v. Waterman Corp., 333 U.S. 103 . | 1 | 1960–1960 |
Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.
green
1 sentence1960Only by faithful adherence to this guiding principle of judicial review of legislation is it possible to preserve to the legislative branch its rightful independence and its ability to function.” Carmichael v. Southern Coal Co., 301 U.S. 495, 510 ; Cf., Steward Machine Co. v. Davis, 301 U.S. 548 ; Coleman v. Miller, 307 U.S. 433 ; C. & S. Air Lines v. Waterman Corp., 333 U.S. 103 . | 1 | 1960–1960 |
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.
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.