United States Sixth Circuit

A judgment finding defendant-managed care support contractor liable for breach of contract, and awarding plaintiffs-medical service providers compensatory damages and prejudgment interest, is affirmed where: 1) the district court did not err in finding capital reimbursement evidence irrelevant; 2) no valid modification of the contract occurred; 3) plaintiffs never waived their rights to reimbursement; 4) laches does not bar plaintiffs claim and they did not fail to mitigate; 5) there was no abuse of discretion in the award of prejudgment interest; and 6) other arguments were waived.

Appellate Information

• Decided 03/21/2007
• Published 03/21/2007

Judges

• Before NORRIS, COLE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael J. Kitchen, J. Bruce Miller Law Group, Louisville, Kentucky, for Appellant.  Reuben N. Pelot IV, Egerton, McAfee, Armistead & Davis, Knoxville, Tennessee, for Appellees.   ON BRIEF:  Michael J. Kitchen, J. Bruce Miller, J. Bruce Miller Law Group, Louisville, Kentucky, for Appellant.  Reuben N. Pelot IV, Cheryl G. Rice, Egerton, McAfee, Armistead & Davis, Knoxville, Tennessee, for Appellees.