§378-63  Civil actions for injunctive reliefor damages.  (a)  A person who alleges a violation of this part may bring acivil action for appropriate injunctive relief, or actual damages, or bothwithin two years after the occurrence of the alleged violation of this part.

(b)  An action commenced pursuant to subsection(a) may be brought in the circuit court for the circuit where the allegedviolation occurred, where the complainant resides, or where the person againstwhom the civil complaint is filed resides or has a principal place of business.

(c)  As used in subsection (a),"damages" means damages for injury or loss caused by each violationof this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; amL 2002, c 56, §3]

 

Case Notes

 

  Plaintiff's state whistleblower claim under §378-62 barred,where plaintiff did not file complaint until well after the ninety-day periodafter the most recent alleged violation of the whistleblowers' protection act. 75 F. Supp. 2d 1113.

  Count of complaint alleging that plaintiff was wrongfullydischarged in violation of 31 U.S.C. §3730(h) of the False Claims Act wastime-barred, where the court found that the Hawaii Whistleblowers' ProtectionAct provided the state cause of action most closely analogous to a 31 U.S.C.§3730(h) claim for retaliatory discharge, and thus applied a ninety-day statuteof limitations to plaintiff's claim for retaliatory discharge.  362 F. Supp. 2d1203.