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BLUEEARTH BIOFUELS v. HAWAIIAN ELEC. CO.

No. 30144.

235 P.3d 310 (2010)

BLUEEARTH BIOFUELS, LLC, Plaintiff-Appellee, v. HAWAIIAN ELECTRIC COMPANY, INC.; Maui Electric Company, Ltd.; Aloha Petroleum, Ltd.; and Karl E. Stahlkopf, Individually, Defendants-Appellants.

Supreme Court of Hawai`i.

July 20, 2010.

Attorney(s) appearing for the Case

Paul Alston and Clyde J. Wadsworth (of Alston Hunt Floyd & Ing), Honolulu, on the briefs, for Defendants-Appellants Hawaiian Electric Company, Inc.; Maui Electric Company, Ltd.; and Karl E. Stahlkopf.

C. Michael Heihre, Calvert G. Chipchase, and Teri-Ann E.S. Nagata (of Cades Schutte), Honolulu, on the briefs, for Defendant-Appellant Aloha Petroleum, Ltd.

John S. Edmunds, Ronald J. Verga, and Joy S. Omonaka (of Edmunds Verga & Omonaka), Honolulu, Michael K. Hurst, Tonya Parker, and Jaime Olin (of Gruber Hurst Johansen & Hail, LLP), on the briefs, for Plaintiff-Appellee BlueEarth Biofuels, LLC.

MOON, C.J., NAKAYAMA, ACOBA, DUFFY, and RECKTENWALD, JJ.

Opinion of the Court by DUFFY, J.

The United States District Court for the District of Hawai`i (District Court) certified the following questions of law to the Hawai`i Supreme Court:

1. When are "tort, restitutionary, and other law[s] of this state" displaced because they "conflict" with [the Hawai`i Uniform Trade Secrets Act (HUTSA)], Hawaii Revised Statutes ("HRS") § 482B? 2. When a claim is found to "conflict" with HUTSA, what is the scope...

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