1. Home
  2. |Insights
  3. |Federal Circuit Clarifies Prejudice Review In Bid Protest Cases

Federal Circuit Clarifies Prejudice Review In Bid Protest Cases

Client Alert | less than 1 min read | 04.26.05

Explaining away seemingly contradictory precedent, the Federal Circuit in Bannum, Inc. v. U.S. (Apr. 21, 2005) clarified that, while the merits are reviewed on appeal de novo under the Administrative Procedure Act's "arbitrary and capricious or in violation of law" standard, the determination of whether a violation of law is prejudicial requires fact finding by the Court of Federal Claims and is reviewed for "clear error." Applying the clear error standard to this case, the appellate court found none in the trial court's determination that the violation had not prejudiced the protester.

Insights

Client Alert | 7 min read | 10.21.26

Securities Law for Entrepreneurs

Do you want your startup to expand and become a major player in your industry? If so, you will most likely need to seek capital from outside investors to help you build infrastructure and fulfill orders....