long-recognized exception (Hawaii) · Go Syfert
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long-recognized exception in Hawaii

5 Hawaii opinions name it 1 courts 1992–2014 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 (5)

CaseFollowedCited
Morneau v. Stark Enterprises, Ltd.green
haw · 1975 · cited in 3 Hawaii opinions naming this issue, 1992–1998
2 sentences

1998See Morneau, 56 Haw. at 421-22 , 539 P.2d at 474 ; see also Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (noting a long recognized exception that “collateral estoppel cannot apply when the party against whom the earlier decision is asserted did not have a ‘full and fair opportunity’ to litigate that issue in the earlier ease”).

1998See Morneau, 56 Haw. at 421-22 , 539 P.2d at 474 ; see also Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (noting a long recognized exception that “collateral estoppel cannot apply when the party against whom the earlier decision is asserted did not have a ‘full and fair opportunity’ to litigate that issue in the earlier ease”).

33
Allen v. McCurrygreen
scotus · 1980 · cited in 3 Hawaii opinions naming this issue, 1992–1998
2 sentences

1998See Morneau, 56 Haw. at 421-22 , 539 P.2d at 474 ; see also Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (noting a long recognized exception that “collateral estoppel cannot apply when the party against whom the earlier decision is asserted did not have a ‘full and fair opportunity’ to litigate that issue in the earlier ease”).

1998See Morneau, 56 Haw. at 421-22 , 539 P.2d at 474 ; see also Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411 , 66 L.Ed.2d 308 (1980) (noting a long recognized exception that “collateral estoppel cannot apply when the party against whom the earlier decision is asserted did not have a ‘full and fair opportunity’ to litigate that issue in the earlier ease”).

33
Pele Defense Fund v. Patygreen
haw · 1992 · cited in 2 Hawaii opinions naming this issue, 1996–1998
2 sentences

1998Pele Defense Fund v. Paty, 73 Haw. 578, 599-600 , 837 P.2d 1247, 1261 (1992) (some citations omitted), cert. denied, 507 U.S. 918 , 113 S.Ct. 1277 , 122 L.Ed.2d 671 (1993).

1998Pele Defense Fund v. Paty, 73 Haw. 578, 599-600 , 837 P.2d 1247, 1261 (1992) (some citations omitted), cert. denied, 507 U.S. 918 , 113 S.Ct. 1277 , 122 L.Ed.2d 671 (1993).

22
Contreraz v. Michelotti-Sawyersgreen
mont · 1995 · cited in 1 Hawaii opinions naming this issue, 2001–2001
2 sentences

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

11
Morton v. Maricopa Countygreen
arizctapp · 1993 · cited in 1 Hawaii opinions naming this issue, 2001–2001
2 sentences

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Michael Lee Smith v. A.L. Lockhart, Director, Arkansas Department of Correction green
ca8 · 1991
2 sentences

2014This strict requirement imposed upon trial courts to inquire into a potential conflict of interest is consistent with the long recognized principle “that the Sixth Amendment right to counsel contains a correlative right to representation that is unimpaired by conflicts of interest or divided loyalties.” Lockhart, 923 F.2d at 1320 .

2014Generally, “a conflict exists when an attorney is placed in a situation conducive to divided loyalties, and can include situations in which the caliber of an attorney’s services may be substantially diluted.” Id. (citations and internal quotation marks omitted).

12014–2014
Brown v. Matthews Mortuary, Inc. green
idaho · 1990
2 sentences

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

2001See, e.g., Contreraz v. Michelotti-Sawyers, 271 Mont. 300 , 896 P.2d 1118, 1121 (1995) (although not creating a new claim for relief, holding that “one who negligently removes, withholds, mutilates, embalms, provides funeral, burial, or crematory services, or operates upon the body of a dead person or prevents its proper interment or cremation is subject to liability”); Brown v. Matthews Mortuary, Inc., 118 Idaho 830 , 801 P.2d 37 (1990) (mishandling of a corpse constitutes an exception to the general rule that plaintiffs must show physical injury in order to recover damages for emotional dist

12001–2001
Lebbos v. Arguelles green
scotus · 1993
1 sentence

1998Pele Defense Fund v. Paty, 73 Haw. 578, 599-600 , 837 P.2d 1247, 1261 (1992) (some citations omitted), cert. denied, 507 U.S. 918 , 113 S.Ct. 1277 , 122 L.Ed.2d 671 (1993).

11998–1998
Pele Defense Fund v. Paty green
scotus · 1993
2 sentences

1998Pele Defense Fund v. Paty, 73 Haw. 578, 599-600 , 837 P.2d 1247, 1261 (1992) (some citations omitted), cert. denied, 507 U.S. 918 , 113 S.Ct. 1277 , 122 L.Ed.2d 671 (1993).

1998Pele Defense Fund v. Paty, 73 Haw. 578, 599-600 , 837 P.2d 1247, 1261 (1992) (some citations omitted), cert. denied, 507 U.S. 918 , 113 S.Ct. 1277 , 122 L.Ed.2d 671 (1993).

11998–1998

Where else courts name it

NY 51 (1878–2026) OH 46 (1996–2025) CA 27 (1942–2024) TX 24 (1940–2018) IL 20 (1957–2026) PA 19 (1944–2022) IN 13 (1935–2019) AR 13 (1999–2026) CT 12 (1930–2010) TN 11 (1976–2012) GA 11 (1975–2025) NM 10 (1974–2013) MD 10 (1964–2020) FL 10 (1981–2026) WA 9 (1988–2025) NJ 8 (1942–2020) IA 8 (1944–2025) OK 8 (1959–2023) LA 8 (1983–2013) WY 7 (1987–2020) AL 7 (1929–2010) RI 7 (1987–2023) CO 7 (1977–1992) MA 7 (1994–2024) MI 7 (1933–2013) HI 5 (1992–2014) NC 5 (1897–2012) NE 5 (1961–2021) MO 5 (1955–1999) DC 4 (1982–2008) KS 4 (1979–2021) KY 4 (1980–2025) MS 3 (2002–2018) VA 3 (1971–2026) SC 3 (1999–2019) ME 2 (1971–1986) WV 2 (2003–2007) WI 2 (2006–2020) AZ 2 (2012–2012)

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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