Tort reform in America: abrogating the collateral source rule across the states. Defense Counsel Journal | October 1, 2008| | COPYRIGHT 2008 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright

IS "TORT REFORM" still a dirty word? The debate over tort reform in America has been raging for more than thirty years, since the time when corporate and insurance interests began lobbying for legislation limiting the availability of financial relief in personal injury tort actions. (1) Proponents of tort reform argue that such reforms as statutory caps on damages and the abolition of the collateral source rule will both decrease insurance premiums and reduce the number of frivolous lawsuits. (2) Opponents of tort reform contend that such reforms undermine the compensatory ...

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