United States Second Circuit

In appeal related to plaintiff's disability claim, district court's summary judgment for defendant is affirmed, where the district court: 1) correctly applied federal common law in determining that the third-physician clause is an "arbitration" agreement under the Federal Arbitration Act; 2) properly decided that it had subject-matter jurisdiction; and 3) properly granted defendant summary judgment based upon plaintiff's failure to give timely notice of his potential permanent disability.

Appellate Information

• Decided 01/23/2013
• Published 01/23/2013

Judges

• CABRANES

Court

• United States Second Circuit

Counsel