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CFC’s Transfer to CBCA Not Constrained by Board’s 90-Day Appeal Period

Client Alert | 1 min read | 10.06.16

In Appeal of Suffolk Constr. Co., the CBCA accepted the transfer of an appeal from the CFC to the CBCA, where the contractor had several pending appeals relating to the same contract, despite the fact that the CFC appeal was not filed within CBCA’s 90-day appeal period after the final decision. GSA argued that the CBCA lacked jurisdiction because it was filed after the 90 days had run (but before the CFC’s one-year appeal period), but the board held that – when “2 or more actions aris[e] from one contract” – the requirement for initiating a timely board appeal did not constrain the CFC’s authority to transfer to the board an action over which the CFC concededly had jurisdiction.

Insights

Client Alert | 5 min read | 07.28.26

Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks

The rapid buildout of AI infrastructure has placed data centers at the heart of a new and expanding wave of class action litigation. Over the past several months, plaintiffs’ firms with significant experience in mass tort and environmental class actions have begun recruiting plaintiffs and filing lawsuits against data center operators, alleging that noise generated by their facilities — from cooling systems, diesel generators, and HVAC equipment — constitutes a public and private nuisance and reflects actionable negligence. Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk....