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Ben Present

Ben Present

February 28, 2012 | The Legal Intelligencer

In AG Race, Kane Has the Cash, but Murphy Has More Contributors

Although former Lackawanna County prosecutor Kathleen Kane had raised the most money out of those vying for Pennsylvania attorney general, the three candidates' most recent campaign financial filings did little to settle who is out in front.

By Ben Present

5 minute read

January 31, 2012 | The Legal Intelligencer

Child's Recorded Statements to Police Ruled Hearsay

A 4-year-old's testimony alleging that her father performed numerous sexual acts on her - captured as a DVD interview - was not an "exceptional case" where uncorroborated hearsay was solely sufficient to find abuse had taken place, the Commonwealth Court has ruled

By Ben Present

6 minute read

July 10, 2012 | The Legal Intelligencer

Judge Declines to 'See Into the Future,' Refuses to Mold Verdict

A Lehigh County judge has declined to wipe away a future medical expenses award on the premise that a woman injured in a car accident during the course of her employment "may" be refused workers' compensation in the future.

By Ben Present

4 minute read

July 30, 2013 | Law.com

McQueary: Paterno Warned Against Trusting 'Old Main'

On the day he was fired, former Penn State head football coach Joe Paterno allegedly told Mike McQueary that university officials improperly handled the allegations about convicted serial child sex-abuser Jerry Sandusky and that the university would try to scapegoat him, McQueary testified Monday morning.

By Ben Present

6 minute read

November 23, 2011 | Legaltech News

No Reasonable Expectation of Privacy on Facebook, Pa. Judge Says

A Pennsylvania judge has ruled making a Facebook page "private" does not shield it from discovery because even private posts are shared with other people.

By Ben Present

4 minute read

December 04, 2012 | The Legal Intelligencer

Justices Allow Supersedeas Collection for 'Pre-settlement' Payments

An employer's insurer may collect from the supersedeas fund for "unreimbursed pre-settlement" and "grace period" payments made to a workers' compensation claimant who settles with a third-party tortfeasor following a work-related injury, the state Supreme Court has ruled.

By Ben Present

7 minute read

July 30, 2013 | The Legal Intelligencer

In UIM Case, Superior Ct. Passes on Household Exclusion

The Pennsylvania Superior Court has declined to apply an auto insurance policy's "household exclusion" to a case where a woman was thrown from a motorcycle and then hit by another car.

By Ben Present

7 minute read

March 18, 2013 | Law.com

Penn State Insurer Moves for Sanctions Over Venue Litigation

In the most recent installment of an ongoing venue dispute between Penn State and its insurance company, Pennsylvania Manufacturers' Association Insurance Co. has accused the university of frivolous litigation, delay tactics and disregarding court orders in Penn State's attempt to have the underlying coverage dispute litigated on its home turf.

By Ben Present

4 minute read

October 25, 2011 | The Legal Intelligencer

Federal Judge Rules Auto Business Exclusion Applies to UIM Case

A federal judge has upheld an insurance company's "auto business" exclusion in an underinsured motorist case in which the driver was using a rental car that he intended to deliver to a client the next day.

By Ben Present

6 minute read

January 22, 2013 | The Legal Intelligencer

Judge Awards $4 Mil. to Man Blinded by Gunshot Hunting Accident

For attorney D. Joseph Chapman of SchmidtKramer, his recent $4 million verdict in the trial of Hobbins v. Miller followed what he called a "strange" trial where the underlying facts were perhaps no less eye-catching.

By Ben Present

4 minute read