Texas High Court Takes Fight Of Pollution 'Stigma' Damages

Law360, Dallas (October 18, 2013, 5:31 PM EDT) -- The Texas Supreme Court on Friday agreed to hear a challenge to a jury’s award of “stigma” damages for property contaminated by a metal processor but since remediated, in a case that asks whether temporary environmental harm can form the basis of the cause of action.

The court will decide whether there is a common law duty to avoid “stigma” stemming from temporary environmental contamination even when a business has met cleanup standards set by the Texas Commission on Environmental Quality and there is no permanent...
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