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Ben Present

Ben Present

June 26, 2012 | The Legal Intelligencer

A Strong Geographic Footprint

For the leadership at Marshall, Dennehey, Warner, Coleman & Goggin, it proves a telling sign of the firm's prestige that even the litigation giant's usual opponents enlist its legal services.

By Ben Present

6 minute read

March 26, 2013 | The Legal Intelligencer

Judge, Lawyer Trade Post-Trial Jabs After Defense Verdict

A Lackawanna County judge has issued a harshly worded opinion on a plaintiff's post-trial motions to a defense verdict criticizing the plaintiff's attorney for misrepresenting facts about the trial in launching a "baseless" attack on the court's integrity.

By Ben Present

8 minute read

May 29, 2012 | The Legal Intelligencer

No Benefits Exception for 'Funded' Employment, Commonwealth Court Rules

The Commonwealth Court has refused to carve out an exception to Pennsylvania workers' compensation jurisprudence in a case where a reinstatement claimant took on a light-duty job that was "funded" by his previous employer, but was then pulled after the man had exhausted 500 weeks of partial disability.

By Ben Present

5 minute read

January 31, 2012 | The Legal Intelligencer

Facebook Has Become a Factor for Pa. Family Law Cases

As trial lawyers continue to test the discoverability of information on Facebook without guidance from an appellate court, family law practitioners are reporting that it's becoming a near rarity for a case to get through family court without use of the social media.

By Ben Present

8 minute read

January 29, 2013 | The Legal Intelligencer

Fraudulent Concealment Doesn't Set Aside MCARE Statute of Repose

The doctrine of fraudulent concealment does not apply to nullify the impact of the MCARE Act's statute of repose, the state Superior Court has ruled.

By Ben Present

6 minute read

January 22, 2013 | The Legal Intelligencer

No Physician Duty to Third Parties in Prison Guard Case

The state Supreme Court has declined to further expand upon the narrow line of facts imposing a physician's duty to third parties, ruling in a case over whether doctors who treat prison inmates have a duty to warn at-risk corrections officers that an inmate has a communicable disease.

By Ben Present

9 minute read

April 02, 2013 | The Legal Intelligencer

High Court Takes Up Evidentiary Standard for ChildLine Reports

The Pennsylvania Supreme Court has taken up a case on the evidentiary standard for the state Department of Public Welfare to maintain information from certain child-abuse reports on its ChildLine and Abuse Registry, the agency's toll-free system for disclosing reports of child abuse to certain designated government officials, law enforcement and other third parties.

By Ben Present

7 minute read

March 19, 2013 | The Legal Intelligencer

Superior Court Departs From Sackett, Approves Stacking

In litigation over "stacking" uninsured and underinsured motorist coverage in Pennsylvania, lawyers would be remiss not to prominently cite Sackett v. Nationwide Mutual and its progeny of three state appellate court rulings.

By Ben Present

7 minute read

May 01, 2012 | The Legal Intelligencer

Judge Tests In Loco Parentis Against New Child Custody Act

A man's assertion of his right to pursue custody of two children under the common law doctrine of in loco parentis may not circumvent the adoption provisions of Pennsylvania's new Child Custody Act, an Adams County judge has ruled in a case of first impression.

By Ben Present

5 minute read

October 11, 2011 | The Legal Intelligencer

Judge: No Blanket Authorization for Medical Record Discovery

A defendant may not force a plaintiff to sign a blank authorization form in order to gain total access to that plaintiff's medical records, a Lebanon County judge has ruled, but with a qualification.

By Ben Present

4 minute read