2016 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
662. State Tort Liability Act

Law Journals and Reviews

Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).

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

Determination of whether a state function is discretionary, discussed. 71 H. 581, 799 P.2d 959 (1990).

Counties do not fall within the ambit of the State Tort Liability Act; 46-72 is the statute of limitations applicable to actions against the counties. 104 H. 341, 90 P.3d 233 (2004).

Petitioner's claim for alleged negligence by the department of education (DOE) in evaluating petitioner's proposal, and in deciding the dispute with petitioner, was barred under this chapter because the DOE's conduct was not analogous to "a recognized claim for relief against a private person"; petitioner did not identify circumstances under which a private party could be sued for negligently applying the law, rules, or a request for proposals in awarding a government contract. 127 H. 263, 277 P.3d 988 (2012).

State has not waived sovereign immunity from 42 U.S.C. 1983 actions. 6 H. App. 397, 721 P.2d 165 (1986).

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