Morris v. Metriyakool

Judge Bronson has written an exceptionally learned and comprehensive opinion. I agree with his conclusion that the arbitration agreement is not a contract of adhesion. With some hesitation, I also agree that the Medical Malpractice Arbitration Act is not unconstitutional or unconscionable since it does not deprive the patient of a meaningful opportunity to decide whether to relinquish his or her constitutional right to "court access”. While having serious reservations, I believe the act to be constitutional even though it requires that a physician serve as one of the three members of the…