Legal Opinion

United Public Workers, AFSCME, Local 636, AFL-CIO v. Abercrombie.

Hawaii Supreme Court

Decided February 28, 2014No. SCWC-12-0000505PublishedCited by 2 opinions

1Opinion of the Court

Opinion of the Court by

McKENNA, J.

I. Introduction

This case concerns the application of the primary jurisdiction doctrine by the Intermediate Court of Appeals (“ICA”) to a lawsuit filed in circuit court by the United Public Workers, AFSCME, Local 646, AFL-CIO (“UPW”), on behalf of the employees (“Employees”) it represents. UPW presents the following question: “Whether the ICA erred by ordering the circuit court to stay this case under the doctrine of ‘primary jurisdiction’ even though the claims are within the original jurisdiction of the circuit courts and do not present issues committed to…

2Cases cited15 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Far East Conference v. United StatesSupreme Court of the United States · 1952
  4. Reiter v. CooperSupreme Court of the United States · 1993
  5. General American Tank Car Corp. v. El Dorado Terminal Co.Supreme Court of the United States · 1940

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3Cited by2 opinions

  1. State v. NakaneluaHawaii Supreme Court · 2015
  2. State v. Nakaneula.Hawaii Supreme Court · 2015

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