SC Supreme Court Opens Door to “Stigma Damages”

In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property.  In Chestnut v. AVX Corporation (Aug. 5, 2015), the…
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