City and County of Honolulu v. Sunoco LP
Docket: CAAP-22-0000135
Court: Hawaii Intermediate Court of Appeals; July 22, 2022; Hawaii; State Appellate Court
Original Court Document: View Document
The Intermediate Court of Appeals of Hawaii addressed an appeal concerning the denial of Chevron Corporation and Chevron U.S.A. Inc.'s motion to dismiss a lawsuit based on California's Anti-SLAPP law. The City and County of Honolulu and the Honolulu Board of Water Supply contested the appeal, arguing that the circuit court lacked jurisdiction because the order was not final or independently appealable. Chevron claimed appellate jurisdiction existed due to an interlocutory appeal certification and the collateral order doctrine. The court found that Chevron did not properly apply for certification of the order for interlocutory appeal, meaning the circuit court overstepped its authority by including it. However, part of the order denying Chevron's Anti-SLAPP motion was eligible for appellate review under the collateral order doctrine since it determined Chevron was not immune from the suit, thus necessitating a defense against liability. Conversely, the court ruled that the circuit court's conclusion on the Noerr-Pennington doctrine was not appealable under the collateral order doctrine. Consequently, the court granted the motion to dismiss Chevron's appeal regarding the Noerr-Pennington doctrine but denied it concerning the remaining parts of the Anti-SLAPP order. The order was finalized on July 22, 2022, with judges Hiraoka, Wadsworth, and McCullen presiding.