[§482B-8] Effect on other law. (a)
Except as provided in subsection (b) this chapter displaces conflicting tort,
restitutionary, and other law of this State providing civil remedies for
misappropriation of a trade secret.
(b) This chapter does not affect:
(1) Contractual remedies, whether or not based upon
misappropriation of a trade secret;
(2) Other civil remedies that are not based upon
misappropriation of a trade secret; or
(3) Criminal remedies, whether or not based upon
misappropriation of a trade secret. [L 1989, c 221, pt of §1]
Case Notes
Plaintiff's fraud and unfair competition claims were based
upon a misappropriation of plaintiff's confidential information; therefore, the
claims were preempted under either the Hawaii Uniform Trade Secrets Act or the
California Uniform Trade Secrets Act. 92 F. Supp. 3d 982 (2015).
Notes of Decisions
BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 235 P.3d 310 (Haw. 2010).
· cites it 10× “When a claim is found to “conflict” with HUTSA, what is the scope of the preemption, or displacement, of that claim under HRS § 482B-8? 3. May a claim that is found not to “conflict” with HUTSA still be preempted, or displaced, under HRS § 482B-8? 4.”
BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 780 F. Supp. 2d 1061 (D. Haw. 2011).
· cites it 6× “Haw.Rev.Stat. § 482B-8. Faced with a split in state authority as to the scope of this preemption, and with no state court decision on point, this Court certified the following questions to the Supreme Court of Hawai’i on November 2, 2009: 1.”
Moddha Interactive, Inc. v. Philips Elec. North Am. Corp., 92 F. Supp. 3d 982 (D. Haw. 2015).
“The HUTSA “displaces conflicting tort, restitutionary, and other law[s] of [the State of Hawaii] providing civil remedies for misappropriation of a trade secret” except for (1) contractual remedies, whether or not based upon the misappropriation of a trade secret; (2) other…”
— Haw. Rev. Stat. § 482B-8(b) — 1 case
BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 235 P.3d 310 (Haw. 2010).
“When a claim is found to “conflict” with HUTSA, what is the scope of the preemption, or displacement, of that claim under HRS § 482B-8? 3. May a claim that is found not to “conflict” with HUTSA still be preempted, or displaced, under HRS § 482B-8? 4.”
— Haw. Rev. Stat. § 482B-8(b)(2) — 1 case
BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 235 P.3d 310 (Haw. 2010).
“When a claim is found to “conflict” with HUTSA, what is the scope of the preemption, or displacement, of that claim under HRS § 482B-8? 3. May a claim that is found not to “conflict” with HUTSA still be preempted, or displaced, under HRS § 482B-8? 4.”
— Haw. Rev. Stat. § 482B-8(b)(l) — 1 case
BlueEarth Biofuels, LLC v. Hawaiian Elec. Co., 235 P.3d 310 (Haw. 2010).
“When a claim is found to “conflict” with HUTSA, what is the scope of the preemption, or displacement, of that claim under HRS § 482B-8? 3. May a claim that is found not to “conflict” with HUTSA still be preempted, or displaced, under HRS § 482B-8? 4.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.