Second Circuit Interprets Guidance From New York Court Of Appeals On Pre-Foreclosure Mailing Burden Of Proof, Filings

Following guidance from the New York Court of Appeals, the United States Court of Appeals for the Second Circuit recently affirmed that a lender complied with the New York Real Property Actions and Proceedings Law (“RPAPL”) when it deviated from its usual mailing procedures, but where that deviation was not material to the proper mailing of the notice, as well as when its filing with the Superintendent of Financial Services only listed information as […]

By | June 28th, 2021 ||

Court Of Appeal Admonishes Counsel With Coke

Usually, appellate decisions provide guidance to future litigants on how the law will be interpreted and applied.  A recent published opinion by the Fourth District Court of Appeal, however, provides guidance to lawyers on how they should behave before the courts.   The opinion’s introductory paragraph tells the story:
These contempt proceedings arise from a petition for rehearing filed by Attorney Paul Mahoney on behalf of his client Salsbury Engineering Inc., in which he impugned the […]

By | June 18th, 2021 ||

The Court Of Appeals For The Federal Circuit Definitively Answers When A Debriefing Concludes Under DoD’s New Enhanced Debriefing Rules

One of the main reasons why contractors choose to file bid protests at the Government Accountability Office (GAO) is the automatic stay of performance required by the Competition in Contracting Act (CICA) – more commonly known as a “CICA stay.” The Competition in Contracting Act requires the contracting officer to immediately stay performance if the agency receives notice from the GAO of a bid protest filed within ten (10) days of contract award or within five (5) days after the […]

By | June 8th, 2021 ||