Hawaii Revised Statutes 368-12 Notice of Right to Sue.

Revision Note

Part II designation added by revisor pursuant to §23G-15.

Case Notes

No intentional infliction of emotional distress as commission's act of sending official letter to settle complaint if appellant paid monetary damages and took out newspaper ad not "outrageous" conduct. 88 H. 85, 962 P.2d 344 (1998).

The commission is subject to a duty to follow its own administrative rules, utilizing reasonable care, and was potentially negligent for instituting legal action barred by its own administrative rules. 88 H. 85, 962 P.2d 344 (1998).

Where appellant's counterclaim lacked any allegation of physical injury to appellant or another as a result of the conduct of the commission, action for negligent infliction of emotional distress could not be maintained. 88 H. 85, 962 P.2d 344 (1998).

[§368-12] Notice of right to sue. The commission may issue a notice of right to sue upon written request of the complainant. Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The commission may intervene in a civil action brought pursuant to this chapter if the case is of general importance. [L 1989, c 386, pt of §1]

Case Notes

Plaintiff's claims not time-barred, where defendant argued that certain claims were time-barred because plaintiff failed to serve defendant with complaint within ninety days of receipt of right to sue letters and that plaintiff had no intent to serve defendant with original complaint; among other things, plaintiff filed complaint within ninety days of receipt of right to sue letters and plaintiff was not also required to serve defendant within ninety-day period, plaintiff was only required to commence the civil action by filing complaint. 75 F. Supp. 2d 1113 (1999).

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Last modified: October 27, 2016