Justia Hawaii Supreme Court Opinion Summaries
Articles Posted in Personal Injury
Association of Apartment Owners of Royal Aloha v. Certified Management, Inc.
This case arose out of dispute between the Association of Apartment Owners of Royal Aloha, its former property managers, and its former commercial tenants. The AOAO installed an electricity submetering system and submitted readings of each unit’s electricity submeter to the managing agent, who would bill each owner for electricity. For certain years, some commercial tenants were never billed for electricity, and some were erroneously billed for a portion of those electricity costs. The AOAO sued its former property managers for, inter alia, breach of contract for the billing errors. The AOAO also sued the commercial tenants to recover the unbilled or erroneously billed electricity costs. The circuit court granted summary judgment for all defendants, concluding that all claims were barred under the doctrine of laches. The Intermediate Court of Appeals reversed, concluding that the defense of laches applies only to equitable claims. The Supreme Court reversed, holding that laches is a defense to legal and equitable claims alike. View "Association of Apartment Owners of Royal Aloha v. Certified Management, Inc." on Justia Law
County of Hawaii v. UniDev, LLC
Respondent awarded Petitioner a contract to develop an affordable housing development project. The parties entered into a development services agreement (DSA) that contained a provision stating that the parties would proceed to arbitration under state law in the event of a dispute. Petitioner was subsequently terminated from the project. Respondent filed a complaint against Petitioner asserting several causes of action, including intentional misrepresentation and negligence. Petitioners counterclaimed. Petitioners later filed an arbitration motion, which the circuit granted. The intermediate court of appeals denied Petitioners' motion to dismiss for lack of jurisdiction. The Supreme Court affirmed in part and vacated in part, holding (1) the order compelling arbitration in this case was sufficiently final under the collateral order doctrine to be appealable under the general civil matters appeal statute; (2) the scope of the arbitration clause contained in the DSA encompassed all claims of Respondent and counterclaims of Petitioners; and (3) the circuit court correctly granted the motion to compel alternative dispute resolution and to stay proceedings. Remanded.View "County of Hawaii v. UniDev, LLC" on Justia Law