(Download) "Chung v. Mccabe Hamilton & Renny Co." by In the Supreme Court of the State of Hawaii ~ Book PDF Kindle ePub Free
eBook details
- Title: Chung v. Mccabe Hamilton & Renny Co.
- Author : In the Supreme Court of the State of Hawaii
- Release Date : January 17, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
We hold that (1) Defendants-Appellees Marr, Hipp, Jones, & Pepper (MHJP) and Andrew L. Pepper [collectively, Appellees], as attorneys for earlier and dismissed employer-defendants, may raise, as agents of their employers, the doctrine of preemption under the National Labor Relations Act (NLRA) on a summary judgment motion; (2) the claims of Plaintiff-Appellant Dean Kawailani Chung (Appellant) against Appellees for abuse of process and malicious prosecution, as well as the derivative claims of conspiracy and aiding and abetting related to these torts, are preempted under this courts holding in Gouveia v. Napili-Kai, Ltd., 65 Haw. 189, 649 P.2d 1119 (1982); (3) Appellants claims for intentional infliction of emotional distress (IIED) and false light invasion of privacy are not preempted under this courts holding in Briggs v. Hotel Corp. of the Pac., Inc., 73 Haw. 276, 831 P.2d 1335 (1992) and Gouveia; (4) Appellants claim against Appellees for defamation and the derivative claims of conspiracy and aiding and abetting for this tort are not preempted under Linn v. United Plant Guard Workers of Am., Local 114, 383 U.S. 53 (1966); and (5) Appellants argument that the application of the preemption doctrine violates his Seventh Amendment right to a jury trial was not properly raised andis therefore waived. Applying these holdings, we affirm in part and and vacate in part the October 23, 2002 final judgment of the circuit court of the first circuit(the court) granting Appellees motion for summary judgment and dismissing Appellants consolidated amended complaint (the CAC) for lack of subject matter jurisdiction (the order), and remand this case for further proceedings in accordance with this opinion.