Attorney Dennis W. Potts's Legal Cases

Personal injury

Burlington Ins. Co. v. Panacorp, Inc. 758 F.Supp.2d 1121

Dec 23, 2010

OUTCOME: Favorable

In consolidated declaratory judgment action stemming from an industrial explosion at oil recycling plant, commercial general liability (CGL) insurer to contractor at the plant sought declaration that i ... t had no duty to defend or indemnify contractor's company, operator of plant, or plant worker, in three state court tort actions. Operator of plant and injured worker moved to stay pending resolution of state court personal injury actions, and representative of worker who had died in explosion moved to dismiss.

Personal injury

Silva v. City and County of Honolulu 165 P.3d 247

Aug 10, 2007

OUTCOME: Vacated and remanded

Personal representative of estate of deceased arrestee, individually and in her representative capacity, brought action against county. The First Circuit Court, Randal K.O. Lee, J., granted county's mo ... tion to dismiss. Personal representative appealed.

Appeals

McCormick v. Keohokalole 99 Hawai'i 212

Aug 22, 2002

OUTCOME: Vacated and remanded

Former employee sued employer and its officers for wrongful termination in violation of Whistleblowers' Protection Act, and in violation of public policy. The First Circuit Court denied defendants' mot ... ion for summary judgment, but granted their motion to appeal from an interlocutory order. The Supreme Court held that: (1) requirements for allowing appeal from an interlocutory order were satisfied; (2) trial court erred in finding that genuine issues of material fact existed, for purposes of employer's motion for summary judgment; (3) employee's claims were clearly subject to the National Labor Relations Act (NLRA); (4) neither the “peripheral concern” nor the “substantial state interest” exceptions to the Garmon preemption doctrine applied to employee's claims; and (5) employee's allegation were insufficient to state a claim under Labor Management Relations Act (LMRA) or for breach of collective bargaining agreement.

Appeals

Scott v. Burns Intern. Sec. Services, Inc. 165 F.Supp.2d 1133

Apr 11, 2001

OUTCOME: Vacated and remanded

Employee sued employer, alleging discrimination under Title VII and constructive discharge in violation of the Americans with Disabilities Act (ADA). Parties stipulated to stay of action pending arbitr ... ation, pursuant to pre-dispute resolution agreement (PDRA) signed by employee when he began employment. Employee filed motion to dismiss stipulation, which was denied. Following arbitration which resulted in award against employee, employer moved to confirm. The District Court, Kay, J., held that: (1) Federal Arbitration Act (FAA) applied to PDRA; (2) employee was bound by stipulation; (3) issue of whether employee's attorney had authority to enter stipulation was controlled by federal law; (4) employee's consent to enter stipulation was knowing and voluntary; (5) withdrawal of stipulation would cause prejudice to employer; and (6) confirmation of award was warranted. Plaintiff's motion denied; defendant's motion granted.

Dennis W. Potts's Legal Cases (4)

Burlington Ins. Co. v. Panacorp, Inc. 758 F.Supp.2d 1121

Silva v. City and County of Honolulu 165 P.3d 247

McCormick v. Keohokalole 99 Hawai'i 212

Scott v. Burns Intern. Sec. Services, Inc. 165 F.Supp.2d 1133