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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 | 09.03.26

DOT Final Rule Narrows Airline Delay and Cancellation Reporting Obligation Under FAA Reauthorization Act of 2024

The U.S. Department of Transportation (DOT) published a final rule amending 14 CFR Part 234 that fundamentally changes how airlines report the causes of flight delays and cancellations. Effective October 19, 2026, the rule implements Section 511(b) of the FAA Reauthorization Act of 2024 by creating a new reporting category, the “Section 511(b) category,” for ten specific events that Congress determined are not attributable to airline control. The rule simultaneously narrows the existing "Air Carrier" reporting category by expressly excluding those same ten events....