§657-11 Recoveries authorized by federal statute.

291 words·~1 min read·/hi/chapter-657/657-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§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).