2016 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
661. Actions By and Against the State
PART I. GENERAL PROVISIONS- 661-1 Jurisdiction.
- 661-2 Judgment against claimant when.
- 661-3 No jurisdiction, when.
- 661-4 Action by alien, when.
- 661-5 Limitations on action.
- 661-6 Complaint; assignments.
- 661-7 Claim forfeited by fraud.
- 661-8 Interest.
- 661-9 REPEALED.
- 661-10 Actions by State.
- 661-11 Tort claims against State where covered by insurance.
- 661-12 Awards of attorney's fees against agencies.
FALSE CLAIMS TO THE STATE
- 661-21 Actions for false claims to the State; qui tam actions.
- 661-22 Civil actions for false claims.
- 661-23 Evidentiary determination; burden of proof.
- 661-24 Statute of limitations.
- 661-25 Action by private persons.
- 661-26 Rights of parties to qui tam actions.
- 661-27 Awards to qui tam plaintiffs.
- 661-28 REPEALED.
- 661-29 Fees and costs of litigation.
- 661-30 Relief from retaliatory actions.
- 661-31 Certain actions barred.
Law Journals and Reviews
Plausibility of Notice Pleading: Hawaii's Pleading Standards in the Wake of Ashcroft v. Iqbal. 32 UH L. Rev. 485 (2010).
Ala Loop and the Private Right of Action Under Hawai i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).
Case Notes
Plaintiff's lawsuit against employees' retirement system was obviously cognizable under this chapter as a claim against the State. 75 H. 42, 856 P.2d 1227 (1993).
Trial court erred in granting plaintiffs the right to sue for breach of contract under this chapter where, with respect to the individual beneficiary claims under chapter 674, the language of Act 14, L Sp 1995 merely indicated the legislature's expressed desire for "title-related" claims to be settled in a timely manner. 111 H. 84, 137 P.3d 990 (2006).
Where employees' retirement system trustees were alleging in lawsuit that Act 100, L 1999 was unconstitutional as being violative of article XVI, 2 of the Hawaii constitution, their claims were not "founded upon any statute of the State; or upon any regulation of an executive department; or upon any contract" and were not referred to the court by the legislature; thus, trustees' claims were not cognizable under this chapter, and, therefore, were not subject to the statute of limitations set forth in 661-5. 114 H. 302, 162 P.3d 696 (2007).
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