Public-domain · open source
OpenJurist

Haw. Rev. Stat. § 489-7.5

Suits by persons injured; amount of recovery, injunctions

Applied in 4 court decisions — leading case Shady Grove Orthopedic Associates, P. A. v. Allstate Insurance (2010)

Most recently applied in 176 L. Ed. 2d 311 - Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co. (March 2010)

L 1989, c 386, §2; am L 2000, c 227, §5; am L 2001, c 55, §23

How often courts cite this section

2004201020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II of this chapter, may:

(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and

(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit.

(b) The remedies provided in subsection (a) shall be applied in class action and de facto class action lawsuits or proceedings provided that:

(1) The minimum $1,000 recovery provided in subsection (a) shall not apply in a class action or a de facto class action lawsuit; and

(2) That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this part and deterrence from violation of its provisions.

(c) The remedies provided in this section are cumulative and may be brought in one action.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.