News & Analysis as of

Strict Liability State and Local Government

Jones Day

Climate Change Suits Against Energy Companies Tossed by U.S. State Courts

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On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more

Sheppard Mullin Richter & Hampton LLP

Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day...more

Cohen Seglias Pallas Greenhall & Furman PC

Businesses Beware: Companies Are Strictly Liable Under PA’s Consumer Protection Law for Potentially Deceptive Practices

In September 2019, the Pennsylvania Supreme Court agreed to review the decision in Gregg v. Ameriprise Financial, Inc. under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). The issue before the...more

Butler Snow LLP

Following Fatal Treadmill Accident, Supreme Court of Texas Rules Asset Purchaser not Liable for Personal Injury Claims Arising...

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On October 23, 2020, the Supreme Court of Texas ruled on Northland Industries Inc. v. Kouba, a case arising from a fatal treadmill incident. The Court held that the purchaser of the treadmill’s manufacturer did not assume...more

Proskauer - Minding Your Business

Price Gouging and Bad Intent: How Much Does it Matter?

Although much of the coverage relating to price gouging enforcement has focused on bad actors hoarding pandemic-related goods, businesses that make good faith efforts to comply with the panoply of price gouging restrictions...more

Lowenstein Sandler LLP

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

Lowenstein Sandler LLP on

On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more

Nossaman LLP

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

Nossaman LLP on

On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247...more

Nossaman LLP

New Tools and Sweeping Changes Proposed in Draft Wildfire Commission Report

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The Commission on Catastrophic Wildfire Cost and Recovery (“Commission”) has released a draft report assessing the issues surrounding catastrophic wildfires in California and recommending major changes to the law (“Draft...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 04-12-2019 - An analysis from DRM's Government & Public Affairs Team

PFAS bill progresses - The House Natural Resources Committee finished deliberation this week on S.49, a bill that grants the Agency of Natural Resources more discretion in setting the maximum contaminant level for PFAS...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 03-01-2019 - An analysis from DRM's Government & Public Affairs Team

Panel passes substance abuse prevention bill - The Senate Health and Welfare committee voted out a committee bill relating to substance misuse prevention on Friday. The bill proposes to establish a Substance Misuse...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 01-25-2019 - An analysis from DRM's Government & Public Affairs Team

Bill imposing strict liability for chemical management receives first Senate hearing - The Senate Judiciary Committee held a hearing this week on S.37, a bill that would impose strict liability on a person who releases a...more

Roetzel & Andress

Taking The "Strict" Out Of Treasurer Liability

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Treasurers of Ohio school districts and educational service centers have operated for decades under a “strict liability” standard for the loss of public funds. Strict liability is a harsh legal penalty that holds treasurers...more

Ballard Spahr LLP

California Voters Likely to Consider Enacting GDPR-Like Privacy Law in November

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With more than double the number of required signatures well ahead of the verification deadline late this month, the citizen-initiated measure "The California Consumer Privacy Act of 2018" appears headed for the statewide...more

Downs Rachlin Martin PLLC

Vermont Legislative Update 04-27-2018 - An analysis from DRM's Government & Public Affairs Team

House Upholds Veto of S.103 - The House this week failed to overturn the first veto of the session when a 94-53 roll call vote fell four votes short of the two-thirds majority needed to override the governor’s action on...more

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