Wilner v. United States

 
APPEAL NO.
92-5161
OP. BELOW
SUBJECT
Gov. Contract
AUTHOR
Schall

Question(s) Presented

“First, we must determine the method by which the Claims Court decided the case. Then, we must determine whether, as a matter of law, that method of decision was proper under the CDA.”

Holding

“The critical point is that, in this case, the Claims Court erred as a matter of law by using Mr. Lindstrom’s final decision in a way that was inconsistent with the CDA’s requirement of de novo review of Wilner’s claim.”