This note examines the different approaches to the application of the collateral source rule among federal and state courts entertaining §1983 actions and the principles which should be applied by courts to resolve the choice of law problem raised by the rule. The first section discusses the common law collateral source rule and recent state legislative alterations and abrogation of it. The second section explores current applications of the collateral source rule in federal and state courts entertaining §1983 actions. The third section suggests principles which should guide courts in their applications of the collateral source rule. This section further focuses on the choice of law problem and the applicability of 42 U.S.C. §1988 to resolve it.
Note, Section 1983 and the Collateral Source Rule, 40 Clev. St. L. Rev. 101 (1992)