In this month’s column we discuss cases addressing the application of the Federal Arbitration Act, the procedure for evaluating the suggestiveness of out-of-court identifications of criminal defendants, and the legal duties owed by doctors and those who provide medical services to third parties injured by a patient. We note that these cases were all decided in December before the retirement of Chief Judge Jonathan Lippman when the Court of Appeals still had six sitting judges.
The Senate has scheduled a public hearing on Governor Andrew Cuomo’s nomination of Janet DiFiore as chief judge for Jan. 20, 2016. Governor Cuomo has until Jan. 21 to nominate a candidate to replace Judge Susan Phillips Read. Until replacements have been confirmed for Judges Lippman and Read, the Court of Appeals will continue to hear cases with only five sitting judges.
Waiver of Right to Arbitrate
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