US Lawyer Database

673-4 Scope of relief.

§673-4 Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not […]

674-10 Findings and advisory opinion.

§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel […]

673-5 Attorney’s fees and costs.

§673-5 Attorney’s fees and costs. (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party’s claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, […]

674-11 Subsequent litigation; excluded evidence.

§674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel […]

673-6 Award or judgment as bar.

§673-6 Award or judgment as bar. An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the agent, officer, or employee of the State whose act or omission gave rise to the claim. [L 1988, c […]

674-12 Immunity of panel members from liability.

§674-12 Immunity of panel members from liability. No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by a panel member while acting within the member’s capacity as […]

673-7 Limited remedy.

§673-7 Limited remedy. This chapter shall not be construed to limit or enlarge the scope of rights available under any other claims, proceedings or other actions against the State, its officers and employees, arising under chapter 662 or other provisions of law. [L 1988, c 395, pt of §2]

674-13 Legal adviser.

§674-13 Legal adviser. The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter. [L 1991, c 323, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §40]

673-8 Proof of liability.

§673-8 Proof of liability. In no action under this chapter shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1988, c 395, pt of §2]

673-9 Inapplicability to share of office of Hawaiian affairs.

§673-9 Inapplicability to share of office of Hawaiian affairs. This chapter shall not apply to suits in equity or law brought by or on behalf of the office of Hawaiian affairs in which the matters in controversy involve the proportionate share of ceded land or special fund revenues allocated to the office of Hawaiian affairs […]