Case Notes

• Jurisdiction: Hawaii,United States
• Citation: Vol. 25 No. 07
• Publication year: 2021

CASE NOTES

Supreme Court

Labor

In the Matter of the Arb. Between United Pub. Workers and St. of Haw., Dep't of Transp., No. SCWC-16-0000666, May 21, 2021, (McKenna, J.). The Hawaii Supreme Court addressed whether the State of Hawaii ("State") "incurred" attorney's fees under Hawaii Revised Statutes § 658A-25 (2011) in a grievance arbitration when it was represented by an attorney employed by the State's Department of Attorney General. The State sought $20,044.49 in appellate attorney's fees and $35.20 in costs under Haw. Rev. Stat. § 658A-25 as the "prevailing party" in an appeal of a grievance arbitration with the United Public Workers, AFSCME, Local 646, AFLCIO. The ICA awarded costs but no attorney's fees, on the grounds the State "failed to demonstrate that it incurred, as an expense, liability, or legal obligation to pay, appellate attorney's fees[.]" The Hawaii Supreme Court held that the State "incurred" attorney's fees for the purposes of Haw. Rev. Stat. § 658A-25 and therefore, granted the State's request for attorney's fees in the amount of $16,197.50.

Utilities

In the Matter of Hawaiian Electric Light Co., Inc., No. SCOT-20-0000569, May 24, 2021 (Eddins...