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Contractor Must Actually Receive Final Decision To Start The Clock

Client Alert | less than 1 min read | 05.20.05

The Federal Circuit in Riley & Ephriam Constr. Co. (May 18, 2005) emphasized that the Contract Disputes Act requires actual delivery of the final decision to the contractor or its designated agent before the time to file an appeal at the board or a case in the Court of Federal Claims starts to run. In this case, the Federal Circuit rejected as "receipt" by the contractor both delivery to a P.O. box and a fax transmission sheet to the contractor's attorney when receipt of the fax was denied and the CO did not follow up to confirm receipt personally.

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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...