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Who’s Winning the War on the Collateral Source Rule? The Battleground in the Sixth Circuit States

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Ronald D. Richards Jr. & Nora Pasman
31 U. Tol. L. Rev. 425

This article examines the common law collateral source rule's history, policy justifications, and benefactors.  Next, the article examines recent challenges to the common law collateral source rule within the Sixth Circuit states, and the rationales behind such challenges.  Further, the article analyzes the current state of the law in the Sixth Circuit states, whose courts have been unusually active in the recent past.  Finally, this article makes recommendations for where to go from here, given the inconsistencies that will be exposed in the Sixth Circuit states regarding the collateral source.