PART III.
JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL
NATIVE
HAWAIIANS
§674-16 Waiver of immunity. (a) The
State waives its immunity from liability for actual damages suffered by an
individual beneficiary arising out of or resulting from a breach of trust or
fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and
was caused by an act or omission of an employee of the State in the management
and disposition of trust resources.
(b) This waiver shall not apply to the
following:
(1) Any claim for which a remedy was or is provided
elsewhere in or under the laws of the State;
(2) Any claim which was or is the subject of prior or
pending litigation; or
(3) Any claim predicated, in whole or in part, upon
any act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt
of §1; am L 1993, c 351, §10]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2006–2023 · leading case:
Kalima v. State, 137 P.3d 990 (Haw. 2006).
Kalima v. State, 137 P.3d 990 (Haw. 2006).
· cites it 16× “Under HRS § 674-16, the State of Hawai'i has waived its sovereign immunity for breaches of its duties under the HHCA.”
Rivera v. Cataldo., 537 P.3d 1167 (Haw. 2023).
· cites it 8× “HRS § 674-16 (2016). In 1999, the plaintiffs filed a class action alleging breaches of the State’s trust responsibility.”
Kalima v. State., 468 P.3d 143 (Haw. 2020).
· cites it 6× “HRS § 674-16 (1993) (emphasis added). Chapter 674 defines “actual damages” as direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.”
— Haw. Rev. Stat. § 674-16(a) — 2 cases
Kalima v. State., 468 P.3d 143 (Haw. 2020).
“HRS § 674-16 (1993) (emphasis added). Chapter 674 defines “actual damages” as direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.”
Rivera v. Cataldo., 537 P.3d 1167 (Haw. 2023).
“HRS § 674-16 (2016). In 1999, the plaintiffs filed a class action alleging breaches of the State’s trust responsibility.”
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.