Hot Topics in Products Liability Litigation: The Depreciation-Based Injury Theory Used to Support Standing in a Products Case
March 20, 2023
by Devin R. Bates
The depreciation-based injury theory is a method that has been increasingly tested by the plaintiffs’ bar to support the assertion of standing necessary to bring a product liability case. Under this theory, a plaintiff who has purchased a product that later depreciates in value due to a defect or…
Fort Smith Residential-Recycling Program: Arkansas Supreme Court Addresses Illegal Exaction/Unjust Enrichment Claims
The Supreme Court of Arkansas (“SCT”) addressed in a March 16th Opinion issues associated with the City of Fort Smith, Arkansas’s (“Fort Smith”) residential recycling program. See City of Fort Smith, Arkansas, v. Jennifer Merriott, Individually and on Behalf of Those Similarly Situated, 2023 Ark…
United States Energy-Related CO2 Emissions: U.S. Energy Information Administration Provides Projections Through 2050
The United States Energy Information Administration (“EIA”) published a March 16th report titled: EIA Projects that U.S. Energy-Related CO2 Emissions Will Fall Through 2050 in AEO2023 (“Report”) The following decreases in United States energy-related CO2 emissions are projected: 25 to 38 percent…
Water Authority Dixon County/Trace Creek: Harpeth Conservancy Files Petition for Appeal of Tennessee Department of Environment and Conservation Commissioner Determination
The Southern Environmental Law Center filed on behalf of Harpeth Conservancy (“Petitioner”) a March 9th Petition for Appeal of the Tennessee Department of Environment and Conservation (“TDEC”) (“Petition”) Commissioner Determination. The Petition was filed before the Tennessee Board of Water…
Voluntary Self-Disclosure Policy/Environmental Crimes Section/Environment & Natural Resources Division: U.S. Department of Justice Announces Revisions
The Environmental Crimes Section (“ECS”) of the United States Department of Justice (“DOJ”) Environment and Natural Resources Division (“NRD”) issued revisions to its Voluntary Self-Disclosure Policy which was issued in 1991 titled: Factors in Decisions on Criminal Prosecutions for Environmental…