Yale-New Haven Hospital v. Nicholls

ORDER

A petition for panel rehearing having been made by Defendant-Cross-Claimant-Appellant Barbara Nicholls, the petition is hereby DENIED.

I dissent from the denial of panel rehearing for the reasons stated in my opinion concurring in part and dissenting in part in Yale-New Haven Hospital v. Nic-holls, 788 F.3d 79 (2d Cir.2015).

Shortly before our decision in Nicholls, the Supreme Court of Virginia, over the vigorous dissent of three of its members, including the Chief Justice, upheld a state intermediate appellate court opinion that decided substantially the issue presented here. See…