Chapter 661

Actions By and Against the State

CHAPTER 661

ACTIONS BY AND AGAINST THE STATE

Part I. General Provisions

Section

661-1 Jurisdiction

661-2 Judgment against claimant when

661-3 No jurisdiction, when

661-4 Action by alien, when

661-5 Limitations on action

661-6 Complaint; assignments

661-7 Claim forfeited by fraud

661-8 Interest

661-9 Repealed

661-10 Actions by State

661-11 Tort claims against State where covered by insurance

661-12 Awards of attorney’s fees against agencies

Part II. Qui Tam Actions or Recovery of

False Claims to the State

661-21 Actions for false claims to the State; qui tam actions

661-22 Civil actions for false claims

661-23 Evidentiary determination; burden of proof

661-24 Statute of limitations

661-25 Action by private persons

661-26 Rights of parties to qui tam actions

661-27 Awards to qui tam plaintiffs

661-28 Repealed

661-29 Fees and costs of litigation

661-30 Relief from retaliatory actions

661-31 Certain actions barred

Law Journals and Reviews

Plausibility of Notice Pleading: Hawaii’s Pleading Standards in the Wake of Ashcroft v. Iqbal. 32 UH L. Rev. 485 (2010).

Ala Loop and the Private Right of Action Under Hawai‘i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).

Case Notes

Plaintiff’s lawsuit against employees’ retirement system was obviously cognizable under this chapter as a claim against the State. 75 H. 42, 856 P.2d 1227 (1993).

Trial court erred in granting plaintiffs the right to sue for breach of contract under this chapter where, with respect to the individual beneficiary claims under chapter 674, the language of Act 14, L Sp 1995 merely indicated the legislature’s expressed desire for “title-related” claims to be settled in a timely manner. 111 H. 84, 137 P.3d 990 (2006).

Where employees’ retirement system trustees were alleging in lawsuit that Act 100, L 1999 was unconstitutional as being violative of article XVI, §2 of the Hawaii constitution, their claims were not “founded upon any statute of the State; or upon any regulation of an executive department; or upon any contract” and were not referred to the court by the legislature; thus, trustees’ claims were not cognizable under this chapter, and, therefore, were not subject to the statute of limitations set forth in §661-5. 114 H. 302, 162 P.3d 696 (2007).