Recent Development, Contract Law: Eastern Star, Inc. v. Union Building Materials Corp.: Do Treble Damages Preclude a Claim for Punitive Damages Based on Deceptive Trade Practices?, 9 U. Haw. L. Rev. 771 (1987).This Recent Development analyzes Eastern Star where the court upheld treble damages for violation of Hawaii’s deceptive trade practices Act, § 480-2. Part II reviews the facts of the case; Part III analyzes the case and its ramifications; and, Part IV concludes that the statute remains a powerful vehicle for consumer protection.Recent Development, Punitive Damages in Hawaii: Curbing Unwarranted Expansion, 13 U. Haw. L. Rev. 659 (1991).The author examines the general aspects of punitive damages including the standard of review in Hawaii, constitutional challenges, and various substantive areas. In addition, the author examines reforms that have been made in other jurisdictions such as: a better definition of required aggravated conduct, capping punitive damages awards, abolishing punitive damages in certain areas of the law, payment of the punitive damage award to a state fund, separate trials for punitive damages, judicial determination of the punitive damage award, and elimination of insurance for punitive damages. He suggests that: (1) Hawaii courts or legislature should better define the necessary aggravated conduct; (2) the judge should decide the amount of punitive damages award; (3) Hawaii should prohibit expansion of the doctrine where it would not serve a purpose, i.e., contract law; (4) there should be bifurcated trials; and, (5) a portion of the award should be allocated to the state.
2-20 Punitive Damages § 20.4 (2015).