Legal Opinion · Dissent

Chang v. Buffington

Hawaii Supreme Court

Decided July 13, 2011No. 30259Published

1Dissent

Dissenting Opinion by

NAKAYAMA, J.,

in which Cii’cuit Judge TRADER, Joins.

I respectfully dissent from the holding that the Intermediate Court of Appeals (ICA) had appellate jurisdiction to review the U.S. Bankruptcy Court’s good faith settlement determination.

*197i.

“The fundamental starting point for statutory interpretation is the language of the statute itself.” Estate of Roxas v. Marcos, 121 Hawai'i 59, 66, 214 P.3d 598, 606 (2009). “Where the statutory language is plain and unambiguous, [the appellate court’s] sole duty is to give effect to its plain and obvious meaning.” Id.

HRS § 602-57(1)…

2Cases cited10 opinions

  1. Charles Powers, Marguerite Powers v. The Southland Corporation T/a 7-Eleven Robert YeagerCourt of Appeals for the Third Circuit · 1993
  2. Mathewson v. Aloha Airlines, Inc.Hawaii Supreme Court · 1996
  3. Ueoka v. SzymanskiHawaii Supreme Court · 2005
  4. C & M Properties, L.L.C. v. BurbidgeCourt of Appeals for the Tenth Circuit · 2009
  5. Chambers v. LeaveyHawaii Supreme Court · 1978

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