Class Actions
The ACA Has Made The Collateral Source Rule Obsolete
In almost half of U.S. jurisdictions, the common law collateral source rule bars defendants from reducing damages they might owe a plaintiff by showing that a “collateral source” paid a given amount. See Restatement (Second) of Torts § 902A (1979); see generally Bryce Benjet, A Review of State Law Modifying the Collateral Source Rule: Seeking Greater Fairness in Economic Damages Awards, 76 Def. Couns. J. 210 (2009) (noting that Arizona, California, D.C., Delaware, Georgia, Hawaii, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Nevada, North Carolina, South Carolina, Vermont, Virginia, West Virginia and Wisconsin retain the common law collateral source rule for some or all causes of action).
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Republished with permission.
