Legal Opinion · Concurrence

Hawai‘i State Teachers Association v. University Laboratory School.

Hawaii Supreme Court

Decided February 27, 2014No. SCWC-12-0000295Published

1Concurrence

Concurring opinion by

ACOBA, J.

First, I agree with the majority that the primary jurisdiction doctrine does not apply in this ease. See Pacific Lightnet, Inc. v. Time Warner Telecom, Inc., 131 Haw. 257, 268, 318 P.3d 97, 108 (2013). Briefly, here, the applicability and interpretation of arbitration agreements is well “ ‘within the conventional experience of judges.’ ” Id. at 275, 318 P.3d at 115 (quoting Far East Conference v. U.S., 342 U.S. 570, 574, 72 S.Ct. 492, 96 L.Ed. 576 (1952)). Further, “there is no indication that applying the primary jurisdiction doctrine would promote [] uniformity…

2Cases cited5 opinions

  1. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Inlandboatmen's Union v. Sause Bros., Inc.Hawaii Intermediate Court of Appeals · 1994
  4. Lee v. HeftelHawaii Supreme Court · 1996
  5. Pacific Lightnet, Inc. v. Time Warner Telecom, Inc.Hawaii Supreme Court · 2013

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