United States Second Circuit

Summary judgment in favor of defendant, in case brought to secure reimbursement for hospital services rendered, is vacated as to breach of contract claims, and district court is to determine: whether any timely claims were made for breach of implied-in-fact contract by three plaintiff hospitals; whether, if so, any of these plaintiff hospitals waived any benefit to which they were otherwise entitled; and, if no waiver is found, whether defendant was entitled to the benefit of an exception as to claims made by any of the these plaintiff hospitals.

Appellate Information

• Decided 05/19/2006
• Published 05/19/2006

Judges

Court

• United States Second Circuit

Counsel