Tuesday, February 02, 2010

custody - jurisdiction - UCCJEA - inconvenient forum

A.D. v. M.A.B - Superior Court - February 1, 2010
M.A.B. (“Father”) appeals from the order entered in the Philadelphia County Court of Common Pleas, which declined jurisdiction in this child custody matter in favor of the courts of the State of Michigan upon reconsideration of the trial court’s order of February 23, 2009, as requested by A.D. (“Mother”). We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm.

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social security - atty. fees - sentence four remand - filing deadline

Walker v. Astrue - 3d Cir. - February 2, 2010
This case presents a question of first impression in the Third Circuit and one that has divided our sister courts of appeals: what filing deadline under the Federal Rules of Civil Procedure governs a petition for attorney fees under Section 406(b) of the Social Security Act when a case is remanded under sentence four of Section 405(g) for a determination of benefits?

The Fifth and Eleventh Circuits have held that Rule 54(d)(2)’s fourteen-day filing deadline applies, see Bergen v. Barnhart, 454 F.3d 1273, 1277 (11th Cir. 2006); Pierce v. Barnhart, 440 F.3d 657, 663 (5th Cir. 2006), while the Tenth Circuit uses the more amorphous “reasonable time” standard under Rule 60(b), see McGraw v. Barnhart, 450 F.3d 493, 505 (10th Cir. 2006).

The District Court sua sponte dismissed Counsel’s petitions, holding that, under either rule, Counsel’s request was untimely.

We now join the Fifth and Eleventh Circuits in holding that Rule 54(d)(2) is the appropriate standard, subject to tolling until counsel’s notification of an award of benefits on remand. Accordingly, we will reverse the District Court’s dismissal and remand to give Counsel an opportunity to present evidence of his notification of the award.

I.

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