A&P Files for Second Bankruptcy in Five Years

7/20/2015 It appears that a major piece of Americana will be gone within a short period of time. The Great Atlantic and Pacific Tea Company, better known for over 150 years as A&P, is likely going out of business for good. The company filed papers late Sunday night for Chapter 11 bankruptcy protection in U.S.



Legal Concepts: What is “Breach of Express Warranty”?

Hawaiian law protects consumers by making merchant sellers of a product liable to all consumers and users injured if a product fails to meet its express warranties. HRS § 490:2-313 explains, an express warranty is any affirmation, promises, description of the good, samples or models which is made part of the basis of the bargain


Grimm Outlook: Former Representative Sentenced to Prison for Tax Evasion

7/19/2015 Former Congressman Michael Grimm (R-NY) was sentenced on Friday to eight months in prison and one year of supervised released in a Brooklyn federal court after pleading guilty to tax evasion. Apologizing in front of Judge Pamela Chen, Grimm pleaded for the judge to avoid prison; however Chen said that she was troubled by the


Medtronic’s Shiley Trach Tube Receives FDA’s Most Critical Recall

7/18/2015 The Food and Drug Administration (FDA) has given the recall of Medtronic’s Shiley neonatal and pediatric tracheostomy tubes a Class I label, its most serious designation. Under a Class I label, the FDA believes that “there is a reasonable probability that use of these products will cause serious adverse health consequences or death.” Last


NHTSA Deputy Administrator Friedman Leaves Agency for Energy Department Post

7/17/2015 Deputy administrator David Friedman, who oversaw the National Highway Transportation Safety Administration (NHTSA) through the majority of its most challenging year ever, left the agency on Friday to take a position at the U.S. Energy Department. Former NHTSA head David Strickland left the agency in January 2014 to join Venable LLP, a law firm



‘Et tu Prius?’ Toyota Issues another Recall

7/16/2015 On Wednesday, Toyota announced that it was recalling over 625,000 hybrid vehicles, the large majority of them Prius models, due to a flaw in the software that controls the power converter. The defect could cause the vehicles to shut down and come to a complete stop. The recall affects the Prius V wagon/minivan, which



What is Strict Products Liability?

Hawaii has long followed the Restatement (Second) of Torts Section 402A (1965) which sets out the elements a plaintiff must prove in a strict products liability case as: 1)    A defect in the product that rendered it unreasonably dangerous for its intended or reasonably foreseeable use; 2)    A causal connection between the defect and the