Haw. Rev. Stat. § 480-24

Current through Act 7 of the 2024 Legislative Session
Section 480-24 - Limitation of actions

Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within four years after the cause of action accrues, except as otherwise provided in section 480-22. For the purpose of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.

HRS § 480-24

Amended by L 2016, c 7,§ 2, eff. 4/11/2016.
L 1961, c 190, §22; Supp, § 205A-22; HRS § 480-24; am L 1989, c 230, §2

Relation back of counterclaim to date of complaint. 473 F. Supp. 1296. Plaintiffs may recover for § 480-2 violations which occurred prior to four-year statute of limitations if they can prove fraudulent concealment; series of fly-drive arrangements constituted alleged continuing violation; section did not bar claims for fly-drives occurring less than four years prior to filing of action. 491 F. Supp. 1199. If State proved a continuing violation, it would be entitled to seek provable damages for the entire period of the continuing violation; this could include damages that might have occurred prior to the four years before suit was filed, if the continuing violation occurred during that period. 168 F. Supp. 2d 1180. Plaintiff's claim under § 480-2 failed, where the statute of limitations barred any unlawful business practice claim that occurred prior to the four-year limitation period and although the additional alleged occurrences would not be time-barred, plaintiff's asserted damages flowing from the violation were unrecoverable because they were speculative. 522 F. Supp. 2d 1272.