BlueEarth Biofuels, LLC v. Hawaiian Electric Co.

Opinion of the Court by

DUFFY, J.

The United States District Court for the District of Hawai'i (District Court) certified the following questions of law to the Hawai'i Supreme Court:

1.When are “tort, restitutionary, and other law[s] of this state” displaced because they “conflict” with [the Hawai'i Uniform Trade Secrets Act (HUTSA) ], Hawaii Revised Statutes (“HRS”) § 482B?

2. When a claim is found to “conflict” with HUTSA, what is the scope of the preemption, or displacement, of that claim under HRS § 482B-8?

3. May a claim that is found not to “conflict” with HUTSA still be preempted, or…