§661-3  No jurisdiction, when.  No person shall file or prosecute under this part any claim for or in respect to which that person or any assignee of that person has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State. [L 1894-5, c 26, §3; RL 1925, §2671; RL 1935, §4422; RL 1945, §10477; RL 1955, §245-3; HRS §661-3; am L 1972, c 164, §1(c); am L 2016, c 55, §42]

Case Notes

  Section does not prevent joinder of State and person who acted or professed to act under State's authority as defendants in one suit.  9 H. App. 21, 821 P.2d 937 (1991).

  Where plaintiffs brought individual and class action claims against only the employees' retirement system and did not file a lawsuit against the State while there was a pending action against a person acting under state authority, this section did not bar the circuit court from having jurisdiction.  121 H. 462 (App.), 220 P.3d 1043 (2009).