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   State Courts - Hawaii - April 11 - April 12, 2007

  
Kuamoo v. State Dep't of Agric., NO. 26370, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 11, 2007, Decided
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Overview: Order holding that employee was not discharged because of his work injury, in violation of Haw. Rev. Stat. § 386-142, was upheld where evidence showed that he was terminated under collective bargaining agreement that prohibited him from remaining on leave without pay for more than 12 months; he was on leave due to heart condition unrelated to work.

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Sher v. Cella, No. 27715, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 11, 2007, Decided
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Overview: Property purchasers could not compel a broker, an agent, and a salesperson to arbitrate defect claims pursuant to an acquisition agreement and the Uniform Arbitration Act, because, inter alia, defendants were non-signatories to the agreement, the agreement was unambiguous, and the purchasers could not employ agency principles or equitable estoppel.

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State v. Ford, NO. 27688, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 11, 2007, Decided
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State v. Bales, NO. 27687, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 12, 2007, Decided
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Overview: During defendant's trial for assault against a law enforcement officer in the first degree, the deputy prosecuting attorney committed prosecutorial misconduct during closing argument because he repeatedly referred to the officer as the "victim"; however, the error was harmless and did not contribute to defendant's convictions.

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State v. English, NO. 27999, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 12, 2007, Decided
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Taniguchi v. Ass'n of Apt. Owners of King Manor, Inc., No. 27500, SUPREME COURT OF HAWAI'I, April 12, 2007, Decided
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Overview: Where a condominium association's bylaws were recorded prior to the enactment of Haw. Rev. Stat. § 514-20, the supreme court held that Haw. Rev. Stat. § 514A-82(a)(14), which prohibited a resident manager of a condominium from serving on a board of directors, did not apply to the association.

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