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Collateral source rule

32 published works

  1. MS Litigation Review & Commentary

    Mississippi House Passes More Tort Reform

    By Philip Thomas

    The Mississippi House of Representatives passed HB 481 this week. Here is the bill. The bill legislatively abrogates the collateral source rule. The purpose of the bill is to kill…

  2. TortsProf Blog

    MO: Collateral Source, Daubert Bills Voted Out of House Committee

    By Christopher Robinette

    In Missouri, tort reform bills to adopt Daubert as the state standard on scientific and technical evidence and restrict the collateral source rule passed 9-3 in the House Special Committee on…

  3. Louisiana Law Blog

    U.S. 5th Circuit: Plaintiffs Can Recover Only LHWCA Medical Benefits Paid, Not Billed

    By Tod Everage

    The U.S. 5th Circuit has finally weighed in on the application of the collateral source rule to Longshore benefits. Back in June, we discussed the latest case out of the…

  4. The Energy Law Blog

    Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

    By Devin C. Reid, Alex Baynham

    In DePerrodil v. Bozovic Marine, Inc., No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth…

  5. Offshore Winds

    Does the Maritime Collateral-Source Rule Allow Recovery of Amount Billed or Paid?

    By Douglas P. Matthews

    The Fifth Circuit issued an opinion on November 17, 2016, in Robert Deperrodil v. Bozovic Marine, Inc., (No. 16-30009). In a case involving the injury to a passenger aboard a…

  6. Louisiana Law Blog

    EDLA Confirms That LHWCA Medical Benefits Are Not Subject To Collateral Source Rule

    By Tod Everage

    The application of the collateral source rule is a common dispute in personal injury litigation because it affects the amount of recoverable damages in the case. When it applies, the…

  7. TortsProf Blog

    MO: House Passes Bill Abolishing Collateral Source Rule

    By Christopher Robinette

    The Missouri House passed a bill abolishing the collateral source rule.  A version of the bill has already passed the Missouri Senate.  The Missouri Times has details.

  8. Product Liability Advocate

    Florida Supreme Court on Evidence of Collateral Source Benefits

    By Nicholas Freeman, Kathy Arline

    Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial It is not uncommon for a defendant in a product liability case at…

  9. Drug & Device Law

    Should We Expand the Collateral Source Rule? No Thanks.

    By John Sullivan

    The collateral source rule rarely sits well with defense attorneys.  To us, it runs counter to a core purpose of tort law, which is to compensate plaintiffs for damages actually suffered.  Under the…

  10. E2 Law Blog

    Second Circuit Examines Collateral Source Rule in CERCLA Cost Recovery and Contribution Case

    By Caleb Holmes

    On September 11, 2014, the Second Circuit issued its decision in New York State Electric & Gas Corp. v. FirstEnergy Corp., No. 11-4143, a CERCLA cost recovery and contribution case arising…