203572P.pdf   01/05/2022  Kris Crutcher  v.  Multiplan, Inc.
   U.S. Court of Appeals Case No:  20-3572
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Smith, Author, with Gruender and Stras, Circuit Judges] 
   Civil case - Contracts. In action alleging defendant breached the parties' 
   agreement by applying discounts to plaintiff's claims in excess of the 
   amount contained in the agreement, the district court did not err in 
   determining that the indemnity clause in the agreement did not provide for 
   an award of attorneys' fees in an action between the contracting parties; 
   defendant adequately pleaded waiver and modification as defenses to 
   plaintiff's breach-of-contract claims; the district court erred in finding 
   plaintiff had waived their right to object to the introduction of a new 
   fee schedule as it is not clear that plaintiff ever received notice and 
   had knowledge of defendant's unilateral amendment of the contract; 
   reversed and remanded for further proceedings on the matter of waiver.