Beth Israel Medical Center v. Horizon Blue Cross And Blue Shield Of New Jersey, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “mere silence, oversight or thoughtlessness in failing to object . . . will not support a finding of waiver” (quotation and citation omitted)
• “mere silence, oversight or thoughtlessness in failing to object . . . will not support a finding of waiver” (quotation and citation omitted)
• “The existence of a valid and enforceable written contract governing a particular subject matter ordinarily precludes recovery in quasi contract for events arising out of the same subject matter.”
• “To prevail on a claim for unjust enrichment in New York, a plaintiff must establish (1) that the defendant benefitted; (2) at the plaintiff’s expense; and (3) that equity and good conscience require restitution.”
• “Because waiver of a contract right must be proved to be intentional, the defense of waiver requires a clear manifestation of an intent . . . to relinquish [a] known right . . . .” (internal quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).