Thursday, April 1, 2010

Collateral Source Rule

Many have struggled with the application of the collateral source rule where the plaintiff has received LTD benefits. A 2007 opinion by Judge Keeley of the Northern District of West Virginia sets forth a detailed analysis of the problem and the case law, and is well worth reading when this issue arises in your next case. See Calef v. FedEx Ground Package System, Ltd., 2007 U.S. Dist. LEXIS 64853 (N.D.W.Va. 2009).