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Showing posts from July, 2011

No Motion, No Good Cause, No Jurisdiction (Even if you do Rely on the Order Extending time to file)

Cabral v. State (ICA July 28, 2011) OVERRULED! Background. The Cabrals and other plaintiffs sued Joni Scott and the State of Hawai'i. The lawsuit stems from a fatal car accident on Highway 11 on the Big Island. The plaintiffs settled with Scott, but proceeded to a bench trial against the State. The circuit court entered judgment in favor of the State and dismissed all remaining claims on April 20, 2007. Ten days later, the plaintiffs filed a motion for reconsideration. The circuit court denied the motion on June 7, 2007. On July 6, 2007, the parties submitted a one-page stipulation for a two-week extension to file a notice of appeal. The circuit court approved and ordered the extension. The stipulation did not assert any of the grounds for the extension and the circuit court approved the stipulation without making any findings. On July 18, 2007, the plaintiffs presented an ex-parte motion to extend time for filing a notice of appeal on the grounds that the parties were in se…

TRO Procedures Withstand Rational Basis (and Strict Scrutiny)

OverruledHamilton v. Lethem (ICA June 30, 2011)Background.Lily Hamilton filed a temporary restraining order (TRO) against Christy Lethem on behalf of their daughter, Amber.The TRO alleged three incidents in which Lethem physically assaulted Amber, threatened to physically assault her, and embarrassed her so badly that she suffered emotional distress.The TRO was granted and an evidentiary hearing was set.At the hearing, Amber testified about the three incidents.First, she testified that Lethem hit her because she lied to him.She said that he tried to hit her face, but she blocked him with her hand.In the second incident, Amber said that she started arguing with Lethem when he hit her.Amber went to her room and Lethem said, "Don’t make me do that again . . . . Don't make me hit you again."As to the third incident, Amber testified that Lethem went to her school, pulled her out of class, and blamed her for financial problems.He also said that he was going to pull her out of …

Public Employees have to go to the Hawai'i Labor Relations Board Before Attacking Their Union in Circuit Court

Lee v. United Public Workers (ICA June 29, 2011)Background.Amy Lee was an adult corrections officer for the Department of Public Safety and a member of the United Public Workers union.While working, she hurt her back and shoulder.The injuries left her unable to perform the usual and customary duties of an ACO.She returned to light duties and opted to participate in a State-run program in which she would be terminated if she could not find an alternative job.She was unable to find a suitable job and was terminated by the State.The UPW, at Lee's request, filed a grievance with the director of the Department of Public Safety.The collective bargaining agreement (CBA) provided that only the union could pursue the grievance once it was denied by the director of the department.The Department of Public Safety denied the grievance and the UPW notified Lee that it would not pursue the matter any further.Lee filed a complaint in the circuit court against her union and employer.She alleged a …