§661-3 No jurisdiction, when. No person shall file or prosecute under this part any claim for or in respect to which that person or any assignee of that person has pending an action against a person who, at the time when the claim alleged in the action arose, was, in respect thereto, acting or professing to act, directly or indirectly, under the authority of the State. [L 1894-5, c 26, §3; RL 1925, §2671; RL 1935, §4422; RL 1945, §10477; RL 1955, §245-3; HRS §661-3; am L 1972, c 164, §1(c); am L 2016, c 55, §42]
Case Notes
Section does not prevent joinder of State and person who acted or professed to act under State's authority as defendants in one suit. 9 H. App. 21, 821 P.2d 937 (1991).
Where plaintiffs brought individual and class action claims against only the employees' retirement system and did not file a lawsuit against the State while there was a pending action against a person acting under state authority, this section did not bar the circuit court from having jurisdiction. 121 H. 462 (App.), 220 P.3d 1043 (2009).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
661. Actions By and Against the State
661-2 Judgment against claimant when.
661-7 Claim forfeited by fraud.
661-11 Tort claims against State where covered by insurance.
661-12 Awards of attorney's fees against agencies.
661-21 Actions for false claims to the State; qui tam actions.
661-22 Civil actions for false claims.
661-23 Evidentiary determination; burden of proof.
661-24 Statute of limitations.
661-25 Action by private persons.
661-26 Rights of parties to qui tam actions.
661-27 Awards to qui tam plaintiffs.
661-29 Fees and costs of litigation.