For years a battle has been raging in the United States over whether a personal injury plaintiff can recover from the tortfeasor, by way of medical specials, (1) the “face amount” of her medical bills for accident-related...more
On June 12, 2018, the Court of Appeals granted relief to municipalities such as the City of New York that exempt its uniformed service members from the Workers Compensation system. In Andino v. Mills, 2018 Slip Op 04273, the...more
Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more
In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more
In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more
Two recent rulings illustrate the widely varying responses courts have taken in confronting an emerging national issue: how to measure damages for past medical expenses when the hospital’s treatment charges, before discounts...more
Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for...more