Topic
Collateral source rule
32 published works
MS Litigation Review & Commentary
Mississippi House Passes More Tort Reform
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…
TortsProf Blog
MO: Collateral Source, Daubert Bills Voted Out of House Committee
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…
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…
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…
Offshore Winds
Does the Maritime Collateral-Source Rule Allow Recovery of Amount Billed or Paid?
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…
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…
TortsProf Blog
MO: House Passes Bill Abolishing Collateral Source Rule
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.
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…
Drug & Device Law
Should We Expand the Collateral Source Rule? No Thanks.
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…
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…