Hawaii Supreme Court

Thomas Lepere, Plaintiff-Appellant v. United Public Workers, Local 646, Afl-Cio, Defendant-Appellee

January 26, 199577 Haw. 471

Summary

The Hawaii Supreme Court affirmed the intermediate appellate court’s dismissal of Lepere’s complaint for lack of subject‑matter jurisdiction, but vacated the lower court’s award of attorney’s fees under HRCP Rule 11 as an abuse of discretion, remanding for recalculation excluding fees tied to the motion for reconsideration.

Holding

  • Whether the circuit court had subject‑matter jurisdiction to hear Lepere’s complaint. The circuit court lacked subject‑matter jurisdiction; the dismissal was proper.
  • Whether the award of attorney’s fees for the defense of Lepere’s motion for reconsideration was an abuse of discretion under HRCP Rule 11. The circuit court abused its discretion by awarding attorney’s fees attributable to the motion for reconsideration; such fees must be excluded from the sanction award.

Docket 15795

Cited authorities

  • Hawaii Rules of Civil Procedure Rule 11
  • Hawaii Rules of Appellate Procedure Rule 10
  • Rule 10(b)(1)
  • Fed. R. Civ. P. Rule 11

Cited by

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