28 C.F.R. § 104.42
Applicable state law
The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's definition of economic loss in section 402(5) of the Act, is interpreted to mean that the Special Master is not permitted to compensate claimants for those categories or types of economic losses that would not be compensable under the law of the state that would be applicable to any tort claims brought by or on behalf of the victim.
Notes of Decisions
Cited in 2
cases, 2003–2003 · leading case: Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003).
Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003). “41 ; (3) the Special Master’s limited application of state law as provided by 28 C.F.R. § 104.42 ; (4) the publication of a methodology for determining presumed economic loss “up to but not beyond the 98th percentile of individual income in the United States for the year 2000,”…”
Schneider v. Feinberg, 345 F.3d 135 (2d Cir. 2003). “compensable under state law,” 28 C.F.R. § 104.42 , not that he must compensate them in accordance with state tort law in other respects.”
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