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Showing posts from June, 2012

ICA has no Problem with Increase 3 Times Higher than Present Rate

In re: Application of Wai'ola O Moloka'i, Inc. (ICA June 14, 2012)Background. Waiola O Moloka'i, Inc. is a wholly owned subsidiary of Moloka'i Properties Limited and provides water services for residents, businesses, churches, and Maui County parks for most of western and central Moloka'i. The water comes from mountain sources on the island and is purchased from the Moloka'i Public Utilities--another subsidiary of MPL and the Department of Hawaiian Home Lands. In 1993, Waiola got a Certificate of Public Convenience and Necessity to provide water to residential, commercial, and agricultural customers on the island. In 2008, MLP announced that all business operations were coming to an end. The Consumer Advocate requested to the PUC that MPL keep the water on. The PUC granted the request and ordered Waiola to continue providing water to the island until it transferred its certificate or returned it back to the PUC.In 2009, Waiola applied for a rate increase. The p…

No Summary Judgment for Simply Failing to Answer Interrog Before the Discovery Cutoff

Ralston v. Yim (ICA May 31, 2012)Background. Rick Ralston sued Dr. Errol Yim for dental malpractice. Before the discovery cut-off date, Dr. Yim filed a motion to dismiss and/or for summary judgment. Dr. Yim argued that Ralston could not prove his malpractice claim because he had not disclosed any expert witnesses. Ralston responded by arguing that Dr. Yim had not met its initial burden of showing no genuine issue of fact, particularly the fact that Dr. Yim's orthodontic care comported with accepted standards of care and that Dr. Yim adequately obtained Ralston's informed consent. Ralston also pointed out that the discovery cutoff had not occurred. At the first hearing, the circuit court permitted supplemental briefing on the issue. Ralston attached a report from an expert, Dr. Harry Aronowitz, and Dr. Aronowitz's c.v. The affidavit stated that in his expert opinion, Dr. Yim's orthodontic care fell below the standard of care. Dr. Yim did not supplement its motions, but …

One Constitutional Provision: Three Political Questions, One non-Political

Background. A group of people brought a lawsuit against the State's Director of Finance, the State, the Hawaiian Homes Commission, the Department of Hawaiian Home Lands, and other related officials. The lawsuit alleged a constitutional violation of the duty to sufficiently fund the Department of Hawaiian Home Lands. The complaint prayed for injunctive relief by ordering sufficient funds. The State filed a motion for summary judgment on the grounds that the complaint raised a political question and the issue could not be resolved by the courts. The circuit court granted the motion and the ICA affirmed. The HSC granted certiorari.The Political Question Doctrine. Hawai'i adopted the political question doctrine from Baker v. Carr, 369 U.S. 186 (1962):Prominent on the surface of any case held to involve a political question is found (1) a textually demonstrable constitutional commitment of the issue to a coordinate political department; or (2) a lack of judicially discoverable and …