7 Hawaii opinions name it 2 courts 1905–2022 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 |
|---|---|---|
County of Hawaii v. UNIDEV, LLC.green2 sentences2017IPA also correctly observes that arbitration agreements should be interpreted broadly in favor of finding arbitrability, where the arbitration agreement is worded similarly to the instant one regarding “any dispute concerning this Agreement.” Indeed, in UNI-DEV, we examined an arbitration agreement that stated that “[a]ny dispute arising under the terms of this Agreement ... shall[, if the matter cannot be resolved by other preliminary means be submitted] to arbitration. ...” 129 Hawai'i at 381 , 301 P.3d at 591 (emphasis added). 2017IPA also correctly observes that arbitration agreements should be interpreted broadly in favor of finding arbitrability, where the arbitration agreement is worded similarly to the instant one regarding “any dispute concerning this Agreement.” Indeed, in UNI-DEV, we examined an arbitration agreement that stated that “[a]ny dispute arising under the terms of this Agreement ... shall[, if the matter cannot be resolved by other preliminary means be submitted] to arbitration. ...” 129 Hawai'i at 381 , 301 P.3d at 591 (emphasis added). | 1 | 1 |
Lee v. Heftelgreen2 sentences2017Corp., 460 U.S. 1, 24 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”) (footnote omitted); Lee, 81 Hawai'i at 4 , 911 P.2d at 724 (“[T]he proclaimed public policy [supporting Hawaii’s arbitration statutes] is to encourage arbitration as a means of settling differences and thereby avoiding * 2017Corp., 460 U.S. 1, 24 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”) (footnote omitted); Lee, 81 Hawai'i at 4 , 911 P.2d at 724 (“[T]he proclaimed public policy [supporting Hawaii’s arbitration statutes] is to encourage arbitration as a means of settling differences and thereby avoiding * | 1 | 1 |
People v. Beamesgreen2 sentences2012See Beames, 55 Cal.Rptr.3d 865 , 153 P.3d at 972 ("[W]hen the jury makes a specific inquiry about how a postconviction proceeding such as commutation might affect defendant's sentence, we have suggested that trial courts issue a short statement emphasizing that it would be a violation of the jury's duty to consider the possibility of commutation in determining the appropriate sentence.") (internal quotation marks and citation omitted). [35] Petitioner argues that the harmless error doctrine does not apply to errors that take place during the sentencing phase. 2012See Beames, 55 Cal.Rptr.3d 865 , 153 P.3d at 972 ("[W]hen the jury makes a specific inquiry about how a postconviction proceeding such as commutation might affect defendant's sentence, we have suggested that trial courts issue a short statement emphasizing that it would be a violation of the jury's duty to consider the possibility of commutation in determining the appropriate sentence.") (internal quotation marks and citation omitted). [35] Petitioner argues that the harmless error doctrine does not apply to errors that take place during the sentencing phase. | 1 | 1 |
Zupplein v. Austingreen1 sentence1917See Zupplein v. Austin, 6 Haw. 8 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. KEOHOKAPU
green
1 sentence2022Id. at 112 n.33, 276 P.3d at 681 n.33 (emphases added). | 1 | 2022–2022 |
Moses H. Cone Memorial Hospital v. Mercury Construction Corp.
green
2 sentences2017Corp., 460 U.S. 1, 24 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”) (footnote omitted); Lee, 81 Hawai'i at 4 , 911 P.2d at 724 (“[T]he proclaimed public policy [supporting Hawaii’s arbitration statutes] is to encourage arbitration as a means of settling differences and thereby avoiding * 2017Corp., 460 U.S. 1, 24 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”) (footnote omitted); Lee, 81 Hawai'i at 4 , 911 P.2d at 724 (“[T]he proclaimed public policy [supporting Hawaii’s arbitration statutes] is to encourage arbitration as a means of settling differences and thereby avoiding * | 1 | 2017–2017 |
Chimel v. California
red
1 sentence1982Chimel v. California, supra, 395 U.S. at 762-63 . 9 In essence, the exception implies the exigent circumstances of imminent danger to the arresting officer or others and of imminent concealment or destruction of evidence or the fruits of the crime from the circumstances of a lawful arrest, and therefore permits a warrantless search to proceed incident thereto. | 1 | 1982–1982 |
Coffield v. Territory of Hawaii
green
1 sentence1915The argument of counsel for the defendant is to the effect that under the facts alleged in the complaint no action would lie against the Territory and that a like immunity exists in favor of the counties, citing Coffield v. Territory, 13 Haw. 478 . | 1 | 1915–1915 |
Matsumura v. County of Hawaii
neutral
1 sentence1915And that though counties are liable for injury to private property in the nature of a trespass caused by negligence in repairing a highway, they are not liable for injury resulting from a mere failure to make repairs, citing Matsumura v. County of Hawaii, 19 Haw. 18 and 496. | 1 | 1915–1915 |
Castle v. . Noyes
green
1 sentence1905A like rule appears to have been applied in Castle v. Noyes, 14 N. Y. 329 , and Peterson v. Lothrop, 34 Pa. 223 . | 1 | 1905–1905 |
Peterson v. Lothrop
neutral
1 sentence1905A like rule appears to have been applied in Castle v. Noyes, 14 N. Y. 329 , and Peterson v. Lothrop, 34 Pa. 223 . | 1 | 1905–1905 |
Burns v. Gavin
green
1 sentence1905In Burns v. Gavin, 118 Ind. 320 , the plaintiff had litigated the matter in a former suit, although in the name of one who was only nominally interested. | 1 | 1905–1905 |
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.