hardship requirement in Hawaii

5 Hawaii opinions name it 1 courts 1913–2014 0 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)

Case	Followed	Cited
Pele Defense Fund v. Puna Geothermal Venturegreen hawapp · 1990 · cited in 2 Hawaii opinions naming this issue, 2013–2014 2 sentences 2014The Defendants do not argue that Blake failed to satisfy the hardship requirement of the ripeness analysis, and therefore, any arguments to that effect are waived and not addressed here. -16- *FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER * Defense Fund v. Puna Geothermal Venture, 8 Haw. 2013The Defendants do not argue that Blake failed to satisfy the hardship requirement of the ripeness analysis, and therefore, any arguments to that effect are waived and not addressed here. -16- *FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER * Defense Fund v. Puna Geothermal Venture, 8 Haw.	2	2
Office of Hawaiian Affairs v. Housing & Community Development Corp. of Hawai'igreen haw · 2009 · cited in 2 Hawaii opinions naming this issue, 2013–2014 2 sentences 2014Office of Hawaiian Affairs, 121 Hawai#i at 336, 219 P.3d at 1123 (citation and emphasis omitted). 2013Office of Hawaiian Affairs, 121 Hawai#i at 336, 219 P.3d at 1123 (citation and emphasis omitted).	2	2
Rice v. Cayetanogreen hid · 1996 · cited in 2 Hawaii opinions naming this issue, 2008–2009 2 sentences 2009To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. 117 Hawai'i at 207 , 177 P.3d at 917 (citing Rice v. Cayetano, 941 F.Supp. 1529, 1538 (D.Haw.1996), rev’d on other grounds, 528 U.S. 495 , 120 S.Ct. 1044 , 145 L.Ed.2d 1007 (2000)) (emphasis added). 2008With respect to the second prong of the federal test, i.e., the hardship requirement, the plaintiffs must show “that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss.” Rice, 941 F.Supp. at 1538 (internal quotation marks and citation omitted).	2	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Leone v. County of Maui green hawapp · 2012 2 sentences 2014App. 203, 204 , 797 P.2d 69, 71-72 (1990); Leone v. County of Maui, 128 Hawai#i 183, 284 P.3d 956 (App. 2012). 2013App. 203, 204 , 797 P.2d 69, 71-72 (1990); Leone v. County of Maui, 128 Hawai#i 183, 284 P.3d 956 (App. 2012).	2	2013–2014
Rice v. Cayetano green scotus · 2000 2 sentences 2009To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. 117 Hawai'i at 207 , 177 P.3d at 917 (citing Rice v. Cayetano, 941 F.Supp. 1529, 1538 (D.Haw.1996), rev’d on other grounds, 528 U.S. 495 , 120 S.Ct. 1044 , 145 L.Ed.2d 1007 (2000)) (emphasis added). 2009To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. 117 Hawai'i at 207 , 177 P.3d at 917 (citing Rice v. Cayetano, 941 F.Supp. 1529, 1538 (D.Haw.1996), rev’d on other grounds, 528 U.S. 495 , 120 S.Ct. 1044 , 145 L.Ed.2d 1007 (2000)) (emphasis added).	2	2008–2009
Kapuwai v. City & County of Honolulu, Department of Parks & Recreation green haw · 2009 1 sentence 2013Office of Hawaiian Affairs, 121 Hawai'i at 336 , 219 P.3d at 1123 (citation and emphasis omitted).	1	2013–2013
Office of Hawaiian Affairs v. Housing & Community Development Corporation of Hawai'i green haw · 2008 2 sentences 2009To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. 117 Hawai'i at 207 , 177 P.3d at 917 (citing Rice v. Cayetano, 941 F.Supp. 1529, 1538 (D.Haw.1996), rev’d on other grounds, 528 U.S. 495 , 120 S.Ct. 1044 , 145 L.Ed.2d 1007 (2000)) (emphasis added). 2009To meet the hardship requirement, a party must show that withholding judicial review would result in direct and immediate hardship and would entail more than possible financial loss. 117 Hawai'i at 207 , 177 P.3d at 917 (citing Rice v. Cayetano, 941 F.Supp. 1529, 1538 (D.Haw.1996), rev’d on other grounds, 528 U.S. 495 , 120 S.Ct. 1044 , 145 L.Ed.2d 1007 (2000)) (emphasis added).	1	2009–2009
Rose v. O'Riley neutral · 1872 1 sentence 1913In Pinches v. Swedish Lutheran Church, 55 Conn. 183, 187 , referring to the contention that “no recovery can be had for labor or material furnished under special contract, unless the contract has been performed, or its performance has been dispensed with by the other party” the court said: “The hardship of this rule upon the contractor who has undesignedly violated his contract, and the inequitable advantage it gives to the party who receives and retains the benefit of his labor and materials, has led to its qualification; and the weight of authority is now clearly in favor of allowing compens	1	1913–1913
Cullen v. Sears green mass · 1873 1 sentence 1913In Pinches v. Swedish Lutheran Church, 55 Conn. 183, 187 , referring to the contention that “no recovery can be had for labor or material furnished under special contract, unless the contract has been performed, or its performance has been dispensed with by the other party” the court said: “The hardship of this rule upon the contractor who has undesignedly violated his contract, and the inequitable advantage it gives to the party who receives and retains the benefit of his labor and materials, has led to its qualification; and the weight of authority is now clearly in favor of allowing compens	1	1913–1913
Jones & Hotchkiss Co. v. Davenport green · 1902 1 sentence 1913In Pinches v. Swedish Lutheran Church, 55 Conn. 183, 187 , referring to the contention that “no recovery can be had for labor or material furnished under special contract, unless the contract has been performed, or its performance has been dispensed with by the other party” the court said: “The hardship of this rule upon the contractor who has undesignedly violated his contract, and the inequitable advantage it gives to the party who receives and retains the benefit of his labor and materials, has led to its qualification; and the weight of authority is now clearly in favor of allowing compens	1	1913–1913
Smith v. Scott's Ridge School District neutral · 1850 1 sentence 1913In Pinches v. Swedish Lutheran Church, 55 Conn. 183, 187 , referring to the contention that “no recovery can be had for labor or material furnished under special contract, unless the contract has been performed, or its performance has been dispensed with by the other party” the court said: “The hardship of this rule upon the contractor who has undesignedly violated his contract, and the inequitable advantage it gives to the party who receives and retains the benefit of his labor and materials, has led to its qualification; and the weight of authority is now clearly in favor of allowing compens	1	1913–1913
Pinches v. Swedish Evangelical Lutheran Church green conn · 1887 1 sentence 1913In Pinches v. Swedish Lutheran Church, 55 Conn. 183, 187 , referring to the contention that “no recovery can be had for labor or material furnished under special contract, unless the contract has been performed, or its performance has been dispensed with by the other party” the court said: “The hardship of this rule upon the contractor who has undesignedly violated his contract, and the inequitable advantage it gives to the party who receives and retains the benefit of his labor and materials, has led to its qualification; and the weight of authority is now clearly in favor of allowing compens	1	1913–1913
Shepard v. Mills neutral ill · 1898 1 sentence 1913C.) 348, 351; and Shepard v. Mills, 173 Ill. 223, 228 .	1	1913–1913

Where else courts name it

PA 17 (1986–2025) CT 14 (1965–2020) NY 14 (1891–2025) NJ 12 (1954–2026) CA 10 (1921–2025) NH 7 (1984–2008) ME 7 (1994–2025) MA 6 (1936–2025) HI 5 (1913–2014) MI 5 (1996–2017) IN 4 (2000–2009) RI 4 (1967–2025) MO 4 (1989–2024) DC 4 (1980–2010) WA 3 (1910–2020) MN 3 (1943–2008) OK 3 (1978–2009) IA 3 (1989–2014) DE 3 (1985–2022) VA 2 (2002–2004) MD 2 (1982–2007) NE 2 (1947–2022) VT 2 (2001–2001) LA 2 (1978–1998) CO 2 (2005–2025) OR 2 (1922–1962)

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.

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