How Do You Prove Prejudice in a Protest?
September 26, 2011
In East West, Inc. v. U.S. (CFC Sept. 21, 2011), Judge Wolski joins a growing number of CFC judges who are more open to receiving affidavits from company officials explaining how the agency's alleged illegality affected the company. While refusing to accept a protestor's affidavit as part of the "administrative record" to explain what the agency did, he allowed it as part of the "court" record to allow the company to meet its burden to show prejudice.
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