1. Home
  2. |Insights
  3. |For Whom Does the Appeal Clock Toll? Vitiation vs. Finality

For Whom Does the Appeal Clock Toll? Vitiation vs. Finality

Client Alert | less than 1 min read | 01.12.16

In Guardian Angels Med. Serv. Dogs Inc. v. U.S. (Jan. 8, 2016), the Federal Circuit held that a CO's request to evaluate additional information after a default termination "vitiated the finality" of the termination and reset the 12-month appeal clock, even though the CO neither received new information nor spent any time reconsidering her decision. Reversing the CFC's dismissal of the appeal as time-barred, the court held that, when a CO "evince[s] a clear willingness to consider additional evidence," the appeal period begins anew, rather than merely being suspended, and explained that "whether the contracting officer 'spends time' considering the request is not the proper standard."

Insights

Client Alert | 2 min read | 10.23.26

CA SB 253: As November 10 deadline approaches, CARB issues letter to potentially covered entities, plaintiffs remind Ninth Circuit of pending decision

One of the two landmark climate-disclosure laws California enacted in 2023 has its first reporting deadline in just over two weeks, amid continued uncertainty regarding its constitutionality.  ...