Justia Hawaii Supreme Court Opinion Summaries

The City and County of of Honolulu provided refuse collection services through the use of front-end loader work crews to service 181 multi-unit residential properties and numerous City agencies. After the City decided to discontinue front loader collection services, United Public Workers (the Union) sued the City and County. The Union filed a motion for a preliminary injunction seeking to enjoin the City from unilaterally implementing the privatization of the collection and disposal services. The circuit court granted partial summary judgment to the Union and permanently enjoined the City from discontinuing the services at issue, concluding that the City and County’s cancellation of the services constituted impermissible privatization. The circuit court certified the partial summary judgment order for appeal and stayed the proceedings as to the remaining counts. The Supreme Court affirmed, holding (1) the City and County’s decision to terminate front loader refuse collection services violated constitutional merit principles and civil service laws and deprived the civil service workers in this case of the protections guaranteed in Article XVI, Section 1 of the Hawaii Constitution and Haw. Rev. Stat. 76 and 77; and (2) the circuit court did not err in granting partial summary judgment in favor of the Union as to the asserted violations of constitutional merit principles. View "Salera v. Caldwell" on Justia Law

Plaintiff, the former Chief of the General Medical & Preventative Services Division at the Hawaii Department of Health, filed a tort complaint against the State and Senator Rosalyn Baker, alleging that Baker eliminated his position in retaliation for whistleblowing activities. Baker filed a motion to dismiss the complaint on the grounds that she was immune from suit based on legislative immunity, that the claims were untimely, and that the complaint failed to state a claim. The circuit court granted in part and denied in part Baker’s motion to dismiss, finding, as relevant to this appeal, that Baker was not entitled to dismissal on the basis of legislative immunity. Baker appealed. The Intermediate Court of Appeals (ICA) dismissed the appeal for lack of appellate jurisdiction. The Supreme Court vacated the ICA’s order and remanded to the ICA for determination of the appeal on the merits, holding that the ICA had jurisdiction to hear Baker’s appeal because the circuit court’s order was an immediately appealable collateral order. View "Greer v. Baker" on Justia Law

Appellant was injured while he was working for his former employer. Appellant made a workers’ compensation claim against his former employer and its insurance carrier (collectively, Defendants). The Labor and Industrial Relations Appeals Board (LIRAB) concluded that substantial evidence rebutted the presumption that that Appellant’s injuries were related to his work accident and, further, limited Plaintiff’s TTD benefits based on deficiencies in the certificates of disability submitted by Appellant’s attending physicians. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the LIRAB’s decision and order, holding that the LIRAB erred in (1) concluding that Defendants adduced substantial evidence that rebutted the presumption that Appellant’s injuries were covered work-related injuries; and (2) relying on the deficiencies in Appellant’s physicians’ reports in limiting Appellant’s TTD benefits. Remanded. View "Panoke v. Reef Dev. of Hawaii, Inc." on Justia Law

In 1996, Petitioner suffered a work-related injury while employed by Employer. Petitioner was subsequently awarded temporary total disability (TTD) benefits. In 2008, Employer denied Petitioner’s request that he be fitted for a neuromonics device for treatment of his tinnitus condition and gave notice of its intent to terminate TTD payments. Petitioner requested a hearing challenging Employer’s actions. The Director of the Department of Labor and Industrial Relations, Disability Compensation Division, determined that Petitioner was not entitled to a neuromonics device and that he was no longer entitled to TTD benefits because he was able to resume work. The Labor and Industrial Relations Appeals Board (LIRAB) affirmed the Director’s decision. The Intermediate Court of Appeals (ICA) affirmed LIRAB’s decision and order. The Supreme Court vacated the ICA’s judgment and LIRAB’s decision and order, holding (1) there was substantial evidence to show that the neuromonics device was reasonably needed for treating Petitioner’s tinnitus; and (2) based on that finding, Petitioner was not medically stable and unable to return to work, and therefore, Petitioner was entitled to reinstatement of TTD payments. View "Pulawa v. Oahu Constr. Co., Ltd." on Justia Law

After the County of Kaua’i and Kaua’i Police Department filled five police sergeant positions through internal promotions, the State of Hawaii Organization of Police Officers (SHOPO) challenged, through the grievance procedures of the collective bargaining agreement (CBA) governing the parties, the non-promotions of three police officers. The parties were unable to resolve the grievances, and the matter was submitted to arbitration. The arbitrator found that the promotions were subjective, arbitrary, and capricious in violation of the CBA and awarded the three officers promotions and back pay. The circuit court vacated the arbitrator’s remedy, concluding that it was beyond the scope of the arbitrator’s authority to award promotions. The intermediate court of appeals (ICA) vacated in part the circuit court’s orders and remanded to the circuit court for confirmation of the arbitrator’s decision in its entirety, concluding that the arbitrator did not exceed his authority in awarding promotions and that the circuit court erred in finding otherwise. The Supreme Court affirmed, holding that the arbitrator acted within the scope of his authority under the CBA. View "In re Grievance Arbitration Between State of Haw. Org. of Police Officers" on Justia Law

Petitioner, the former State director of United Public Workers, AFSCME Local 646, FL-CIO (UPW) and a former administrator of UPW’s Mutual Aid Fund trust (MAF), was held liable by a federal district court for negligently making loans under ERISA and thus breaching his fiduciary duties to the MAF. The court entered judgment against Petitioner in the amount of $850,000. Petitioner filed a complaint in the circuit court requesting that UPW indemnify him for the $850,000 on the grounds that his liability to the MAF arose from actions he took solely in his capacity as agent for UPW and/or that UPW ratified his actions. The circuit court granted summary judgment for UPW. The Intermediate Court of Appeals (ICA) affirmed, concluding that because Petitioner was responsible for his own conduct, he was not entitled to be indemnified for his negligent acts as a matter of law. Petitioner requested certiorari, claiming that the ICA erred in concluding that his negligence claim defeated his indemnification claim as a matter of law. The Supreme Court denied certiorari without reaching this issue, holding that ERISA preemption, not Petitioner’s negligence, defeated Petitioner’s state indemnity claims against UPW as a matter of law. View "Rodrigues v. United Public Workers, AFSCME Local 646" on Justia Law

Plaintiff filed a class action complaint alleging that Defendants violated Hawaii law by charging customers of certain hotels service charges without fully disclosing to customers that the charges were not entirely being distributed to non-managerial service employees. The circuit court granted summary judgment for Plaintiff on Plaintiff’s wage law claims and granted summary judgment for Defendants on the unfair methods of competition (UMOC) claim. Defendants appealed, and Plaintiff cross-appealed. The Supreme Court affirmed the grant of summary judgment as to the unpaid wages but vacated the circuit court’s order granting summary judgment for Defendants on the UMOC claim and remanded for further proceedings. Plaintiff then requested an award of attorneys’ fees and costs for the appeal and cross-appeal and an award of post judgment interest on the damages. The Supreme Court held (1) Plaintiff was entitled to attorneys’ fees for both the appeal and the cross-appeal, and Defendants were jointly and severally liable for the payment of Plaintiff’s attorneys’ fees and costs; and (2) post judgment interest was not appropriate under the circumstances of this case. View "Gurrobat v. HTH Corp." on Justia Law

Plaintiff applied for a position with CDM Media, USA, Inc. Plaintiff was not hired for the position. Thereafter, Plaintiff filed a complaint alleging that CDM had decided not to hire her because of her age, and therefore, she had been subjected to employment discrimination. The circuit court granted summary judgment for CDM, concluding that Plaintiff had failed to demonstrate that CDM’s reasons for not hiring her were pretextual. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the judgments of the lower courts, holding that the trial court erred in granting summary judgment, as CDM did not satisfy its burden to produce a legitimate, nondiscriminatory reason for declining to hire Plaintiff. View "Adams v. CDM Media USA, Inc." on Justia Law

This labor dispute arose out of a negotiation between the State and other governmental entities (collectively, the State) and United Public Workers (UPW) regarding the renewal and modification of a collective bargaining agreement. The State and UPW failed to reach an agreement, and the case proceeded to arbitration. Because the parties were unable to select a neutral arbitrator, the Hawai’i Labor Relations Board (HLRB) ordered the American Arbitration Association to select the neutral arbitrator. Both parties challenged the actions of the HLRB. The circuit court affirmed the HLRB’s rulings. On appeal, UPW asserted that the circuit court had jurisdiction to resolve the dispute regarding the selection of the arbitrator. The Intermediate Court of Appeals disagreed, determining that HLRB had exclusive original jurisdiction under Haw. Rev. Stat. 89-14. UPW appealed, arguing that the circuit court had jurisdiction over the dispute regarding selection of the arbitrator under Haw. Rev. Stat. 658A. The Supreme Court affirmed, holding (1) the HLRB had jurisdiction to resolve the dispute over the selection of the arbitrator under chapter 89, as the arbitration was required by statute as part of the legislatively mandated process for resolving impasses in collective bargaining; and (2) chapter 658A was not applicable to this case. View "State v. Nakaneula" on Justia Law

In 2001, Petitioner was convicted of possession with intent to distribute crystal methamphetamine. Petitioner was released in 2003 and began a radiological technician (radtech) degree program. In 2007, after graduating from the program, Petitioner applied for a vacant radtech position at Hawai’i Health Systems Corporation (HHSC), d/b/a Hilo Medical Center (HMC) (collectively, HHSC/HMC). HHSC/HMC rejected Petitioner’s application because of his prior drug conviction. Petitioner filed suit, alleging violations of Haw. Rev. Stat. 378-2 and Haw. Const. art. I, 5. The circuit court granted summary judgment for HHSC/HMC. The Supreme Court reversed, holding that the circuit court erred in granting summary judgment where HHSC/HMC did not establish the existence of a rational relationship between the radtech possession and Petitioner’s prior drug conviction that would entitle HHSC/HMC to summary judgment. View "Shimose v. Haw. Health Sys. Corp." on Justia Law