Date: September 23, 2013 Last Edit: October 14, 2016

BCI Coca-Cola of Los Angeles v. Josue  –
Employment Law
Hawaii First Circuit Court

NFIB filed an amicus brief explaining the practical
difficulties that would be imposed on employers if the courts should accept the
Department of Labor’s interpretation of a statute so as to require employers to
return an employee to the same position he or she held before an injury without
regard to how long the employee has been out of commission. NFIB Legal Center
argued that the employer should only be required to make reasonable

County of Kauai v. Hanalei River Holdings
Property Rights

Hawaii Supreme Court

 A recurring issue in eminent domain law is the question as
to when a landowner should be compensated for the devaluation of an adjoining
or nearby property that suffers a depreciation in value as a result of the
taking of another parcel. Since it is common for small business owners to use
separate properties as part of an integrated commercial operation, NFIB Legal
Center argues that full and fair compensation for a taking of one parcel must
necessarily cover resulting depreciation in the other parcel. Accordingly, the
Legal Center urged the Hawaii Supreme Court to take this case because the lower
court of appeal had pronounced an unfounded rule that properties must
physically touch in order to claim devaluation. As argued in our brief, this
rule is inconsistent with the rule employed in the vast majority of state
courts—all of which recognize that compensation may be owed for devaluation in
another property, regardless of whether they are physically adjoining parcels.
The Court has now agreed to hear arguments in the case, and we await a

Status: PENDING. Amicus brief filed 7/24/16.


If you have a case that impacts
small business, please contact us at 1-800-552-NFIB as we are actively looking
for opportunities to weigh in on important issues in this state. NFIB Small
Business Legal Center is involved in many cases that impact this state and
others; to see our complete list of Supreme Court cases click on Washington, DC
on the interactive map.

Thank You


Related Content: Legal - Cases | Legal | Property Rights

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