§657-11 Recoveries authorized by federal statute. Whenever any federal statute provides for damages or equitable relief and neither the federal statute nor any specific state statute specifies the period within which suit may be brought, the suit, if brought in a state court, shall be commenced within two years from the date the cause of action arises or be thereafter barred. [L 1945, c 174, §1; RL 1955, §241-10; HRS §657-11; am L 1972, c 105, §1(f); am L 1986, c 337, §1]
Case Notes
Does not apply to actions brought under 42 U.S.C. 1983. 749 F.2d 588 (1984).
Applicable to breach of Railway Labor Act; tolling of limitations period. 790 F.2d 727 (1986).
Two-year statute of limitations, rather than six-month catchall statute of limitations in National Labor Relations Act, applied to action brought under employee protection program of Airline Deregulation Act. 940 F.2d 1312 (1991).
Does not apply to action for redress for deprivation of civil rights. 402 F. Supp. 95 (1975).
Section may not apply to claims filed pursuant to SEC Rules 103-5 or §17(a) of the Securities Act of 1933 because no new liability is imposed. 501 F. Supp. 830 (1980).
Limitation period under this section applied because Railway Labor Act "imposes a new liability". 525 F. Supp. 874 (1981).
Unconstitutionally discriminates against actions brought under federal statutes. 574 F. Supp. 1510 (1983).
Section was constitutional as applied to action brought under 42 U.S.C. 1983. 575 F. Supp. 1510 (1983).
Applies to actions brought under Racketeer Influenced and Corrupt Organizations Act. 619 F. Supp. 585 (1985).
Application of statute of limitations for Labor Management Act. 687 F. Supp. 1453 (1988).
Applies to actions brought in state courts; §657-1 was applied to federal action. 751 F. Supp. 1426 (1990).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
657-1.8 Civil action arising from sexual offenses; application; certificate of merit.
657-3.5 Relation back of amendments.
657-4 Two years; libel and slander.
657-5 Domestic judgments and decrees.
657-5.5 Judgments for support.
657-6 Four years; causes arising in foreign jurisdiction, etc.
657-7 Damage to persons or property.
657-7.3 Medical torts; limitation of actions; time.
657-7.5 Third-party defendants, time in which plaintiff may amend.
657-8 Limitation of action for damages based on construction to improve real property.
657-9 Action barred in foreign jurisdiction.
657-11 Recoveries authorized by federal statute.
657-13 Infancy, insanity, imprisonment.
657-14 Disability to exist at accrual of action.
657-15 Two or more disabilities.
657-18 Extension by absence from State.
657-19 Extension by injunction.
657-20 Extension by fraudulent concealment.
657-21 Extension by keeping defendant in ignorance.
657-21.5 Extension by sentencing of criminal defendant.
657-22 When process not commencement.
657-23 Extension while criminal case is pending.
657-24 Periodic payments of damages.