HRS 0663-0015_0005 ANNOTATIONS
Note
L 2001, c 300, §6 provides:
"SECTION 6. This Act shall apply to:
(1) Any release, dismissal, or covenant given after this Act takes effect [June 28, 2001], regardless of the date of the occurrence of the underlying claim, except for claims arising out of a contract made prior to January 1, 2002; and
(2) Contract claims where the contract was made on or after January 1, 2002."
Case Notes
Magistrate judge properly determined that defendant did not meet its burden of disproving good faith regarding settlement between plaintiff and other defendants. 293 F. Supp. 2d 1144.
This section adequately protects a non-settling joint tortfeasor's right to procedural due process; subsections (b) and (c) afford a non-settling joint tortfeasor notice and an opportunity to be heard regarding the determination whether a settlement has been given in good faith and, consequently, bars cross-claims for contribution against the settling joint tortfeasor. 102 H. 399, 77 P.3d 83.
Whether a settlement was given in "good faith" for purposes of this section is a matter left to the discretion of the trial court in light of all the relevant circumstances extant at the time of settlement. 102 H. 399, 77 P.3d 83.