Fujioka Ex Rel. Fujioka v. Kam

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• considering argument not raised before the circuit court that statute was unconstitutional because “an appellate court may ... hear new legal arguments when justice so requires.”
• statute of repose protected licensed building professionals but not owners; held that (1) classification was not based on reasonable consideration of differences between the two classes and (2
• “[O]ur state legislature may, by legislative act, change or entirely abrogate common law rules through its exercise of the legislative power under the Hawaii State Constitution[.]”
• exception applied to argument challenging constitutionality of statute limiting actions against certain defendants because no facts were at issue, no new facts were needed, and constitutionality of statute was “of great public import”
• “[T]he cause of the injuries is the same, the plaintiff is the same and the injuries are the same .... We are unable to see any rational basis for treating the engineer and the contractor differently from the owners under the same circumstances.”
• statute extended only to licensed builders and architects

Source: CourtListener parenthetical corpus (CC0).