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    661-9 Repealed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   661-28 Repealed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).