Sunday, June 04, 2006

admin. law - late appeal

El-Attrache v. Insurance Department - Commonwealth Court - June 1, 2006

Doctor's late appeal of insurance abatement application denied where
- application was required to be submitted online
- hard copy of application also had to be submitted
- doctor's employee attempted file online but "screen went 'white'" during attempt
- reasonable person would have assumed that online application wasn't successfully transmitted
- doctor never submitted hard copy to department
- statute mandated timely filing, did not give dept. discretion to allow late filing
- late appeal allowed only where there is breakdown in admin. process or extraordinary circumstances
- to show breakdown, doctor had to prove he did all he could to properly file the application
- doctor did not show that he did so

custody - child's preference - sibling rule

Saintz v. Rinker - Superior Court - June 1, 2006

Trial court's award of custody to father affirmed.

- child's preference is an important but not controlling factor
- sibling rule applies to half-siblings
- sublihg rule is a consideration and not a determinant of custody