8 results for 'judge:"Eddins"'.
J. Eddins finds that proceedings initiated by a state agency are not sheltered by sovereign immunity, and grants attorney fees to groups defending a frivolous petition filed by the state them. The court deems frivolous the board’s petition, which claims that an environmental group winning a prior case that capped water diversions from a Maui river prevented water from being used to battle the Lahaina wildfires. “It seems that the BLNR tried to leverage the most horrific event in state history to advance its interests.” Despite many sources, including Maui county itself, establishing that water availability from the river had nothing to do with containing the fires, the board refused to withdraw its petition and forced the environmental group to participate in further proceedings. Sovereign immunity is waived when state agencies initiate original actions, therefore the board is subject to the environmental group’s attorney fees.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: April 18, 2024, Case #: SCPW-23-471, Categories: Environment, Government, Attorney Fees
J. Eddins determines that the appeals court has jurisdiction over appeals if the court and its clerks do not timely notify the parties that a post-judgment motion is denied, and the timeframe to begin an appeal only begins when noticed is provided or when the court enters a nullified order. “Judicial inaction cannot operate to foreclose a right to appeal.”
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: February 12, 2024, Case #: SCAP-23-11, Categories: Civil Procedure, Jurisdiction
J. Eddins finds a lower court improperly dismissed charges defendant who was arrested for firearm possession after brandishing an AR-15 and pistol, and now alleges constitutional violations. There is not state constitutional right to carry a firearm in public; the Hawaii constitution “textually cements the right to bear arms to a well regulated militia,” which does not include defendant who had also not properly applied for a firearm license. “It is a misplaced view to think that today’s public safety laws must look like laws passed long ago.” Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: February 7, 2024, Case #: SCAP-22-561, Categories: Constitution, Firearms
J. Eddins finds the appeals court improperly decided that a defense attorney did not have authority to represent a driver accused of causing a car crash fatal to his passenger. The attorney should not have been disqualified from representing the driver, as defense was originally in place before a jury trial that ended in favor of the passenger’s family without participation by the driver, who had disappeared, or his defense, who had withdrawn due to inconsistencies over if the driver’s insurance had a duty to defend. The defense attorney was implicitly authorized to act on the missing driver’s behalf and had a duty to do so. Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: November 28, 2023, Case #: SCWC-17-666, Categories: Insurance, Wrongful Death, Attorney Discipline
J. Eddins determines, in response to a certified question, that an insurer cannot seek reimbursement from an insured for defense costs if the insured did not sign a policy with such a provision. A reservation of rights letter is not sufficient to recover defense costs not covered in the original insurance contract. Reimbursement of defense costs “dilutes an insurer’s good faith duty to take on a defense; worse it may bring on bad faith.”
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: November 14, 2023, Case #: SCCQ-22-658, Categories: Insurance, Contract
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J. Eddins dismisses three law firms from a tobacco product liability case, finding that a Hawaii circuit judge improperly refused to excuse them from accusations of conspiring with tobacco companies they represented to promote their products and conceal the harmful effects of tobacco. The state court does not have personal jurisdiction over whatever involvement the firms had in promoting tobacco, as there is no evidence the out-of-state firms ever had direct contacts within Hawaii or specifically targeted Hawaii.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: October 18, 2023, Case #: SCPW-23-76, Categories: Judiciary, Product Liability, Jurisdiction
J. Eddins finds that the circuit court had jurisdiction over defendant, who was arrested for an assault on his wife, but improperly sentenced him to two consecutive sentences. Although the initial charging documents were filed in district court, the circuit court rightfully had jurisdiction after the district court committed the case to circuit court, even without a refiled complaint in circuit court. The sentencing was improper as the court "offered no rationale for each consecutive sentence. The court focused almost entirely on the criminal incident itself. The court did not distinguish the three offenses, class C felonies carrying a 5-year maximum sentence, and instead treated them as one offense." Vacated in part.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: September 13, 2023, Case #: SCWC-21-395, Categories: Sentencing, Assault, Jurisdiction
J. Eddins finds the family court improperly denied a wife’s motion to set aside a default judgment against her in a divorce proceeding, entered in family court after she did not attend several hearings and missed discovery deadlines. Due a struggle with finding representation after her attorney withdrew and other attorneys cited conflict of interest as the husband had previously sought them out, and compounded with personal and financial issues, the wife’s absence from the proceedings is excusable and not indicative of willful manipulation of the legal system. The husband had further misrepresented each of their financial situations when proposing the property division in the divorce decree. Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: August 3, 2023, Case #: SCWC-1-844, Categories: Family Law, Enforcement Of Judgments, Discovery