HRS 0480- ANNOTATIONS

Timesharing in the 1990s. I HBJ No. 13, at pg. 89.

Seller Beware: New Law Protects Hawai`i Home Buyers. 18 UH L. Rev. 981.

In class action brought against major cigarette manufacturers, tobacco trade associations, and the industry's public relations firm, first amended complaint asserted violations of federal RICO statutes; Hawaii's RICO statute, §842-2; federal antitrust statutes; Hawaii's antitrust act (this chapter); various state common-law torts; and false advertising under §708-871; defendants' motion to dismiss for failure to state a claim granted, where injuries alleged by plaintiffs trust funds in first amended complaint were not direct; even if remoteness doctrine did not bar claims, claims failed for other reasons. 52 F. Supp. 2d 1196.

A municipality may be held liable under this chapter if its act is done "in the conduct of any trade or commerce", but is not subject to a treble damage penalty. 215 F. Supp. 2d 1098.

As §480-13(b) enumerates the specific damages that a consumer may recover under this chapter and makes no provision for punitive damages, plaintiffs were precluded from seeking punitive damages under this chapter. 98 H. 309, 47 P.3d 1222.

As this chapter was not designed as a vehicle for personal injury actions, for which the law already provides adequate remedies, plaintiffs could not recover damages for emotional distress under this chapter. 98 H. 309, 47 P.3d 1222.

By the plain language of this chapter, no actual purchase is necessary as a prerequisite to a consumer recovering damages under §480-13, based on injuries stemming from violations of §480-2. 98 H. 309, 47 P.3d 1222.

Where trial court correctly concluded that there was no contract between plaintiff and car dealership, plaintiff was neither entitled to benefit-of-the-bargain damages nor specific performance, which are preconditioned on the existence and breach of a contract. 98 H. 309, 47 P.3d 1222.

Designation of the director to enforce chapter 443B does not preclude standing to an individual to sue under this chapter, provided the individual can satisfy the definition of "consumer". 78 H. 213 (App.), 891 P.2d 300.