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Unfair Disqualification Results In Reinstatement

Client Alert | less than 1 min read | 12.19.05

The Court of Federal Claims in OTI America, Inc. v. U.S. (Dec. 7, 2005) reinforced that offerors must be treated evenhandedly, setting aside a disqualification of OTI for high-tech passports when other offerors had been kept in the competition for lesser failures. Joining a recent spate of cases analyzing what relief can be given in light of government assertions of national defense, the court reinstated OTI in the competition, but allowed a pilot project with another offeror to continue, as multiple awards were contemplated.

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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.  ...