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Ben Present

Ben Present

November 08, 2011 | The Legal Intelligencer

Judicial Discipline Seen as Consistent in Pennsylvania

Since 2001, of the 29 state judges charged by the Judicial Conduct Board to receive sanctions from the Court of Judicial Discipline, 13 judges have been removed from office. The charges brought against those judges ranged from illegal gambling operations, to extortion, to sexual assault.

By Ben Present

7 minute read

December 18, 2012 | The Legal Intelligencer

Lawyer Need Not Advise Client of Plea's Pension Effect

Attorneys cannot be deemed ineffective for failing to advise a defendant that he or she may lose his or her pension if he or she enters a guilty plea to criminal charges, the state Supreme Court has ruled.

By Ben Present

6 minute read

July 09, 2013 | The Legal Intelligencer

Justices Send Three Juvenile Lifer Cases for Resentencing

The Pennsylvania Supreme Court has kicked three juvenile life sentence cases back to the Philadelphia Court of Common Pleas for resentencing in line with a decision it issued earlier this year in light of the U.S. Supreme Court's invalidation of mandatory life sentences without parole for juveniles.

By Ben Present

6 minute read

January 10, 2012 | The Legal Intelligencer

Justices Take Up Request to Testify After Evidence Phase

The state Supreme Court has granted the appeal of a convicted murderer who was denied the right to testify after the evidentiary phase of his trial had closed.

By Ben Present

6 minute read

February 07, 2012 | Texas Lawyer

Penn State Insurer Seeks to Limit Coverage in Sandusky Sex-Abuse Case

An insurance company covering Penn State has asked a Philadelphia court to declare it should not have to provide coverage or cover the university's defense costs in a lawsuit stemming from the Jerry Sandusky sex-abuse scandal unless the abuse in the underlying case started in what appeared to be a narrow time frame.

By Ben Present

6 minute read

October 24, 2011 | Daily Report Online

Old Principle Gets New Spin in UIM Case Before Pa. Justices

By Ben Present

6 minute read

April 13, 2012 | The Legal Intelligencer

Justices Mull Penalty Phase Testimony After Silence on Guilt

An attorney representing a man found guilty of murder told the state Supreme Court this week that his client was wrongly denied his right to testify in his own defense after the guilt phase of his trial had closed.

By Ben Present

5 minute read

February 28, 2012 | The Legal Intelligencer

Mailer Gave Sufficient Notice of Exclusion in Insurance Policy, Judge Says

An insurance company did not act in bad faith by denying underinsured motorist coverage to a man whose policy it changed to incorporate a "household exclusion" limitation, even though the man's original policy did not have such a provision.

By Ben Present

4 minute read

March 05, 2013 | The Legal Intelligencer

Property Assessor Not Liable to Buyer for Alleged Errors in Report

A Monroe County judge has dismissed a property assessment company from a lawsuit alleging the company breached its duty to the buyer of a Pocono Mountains resort, holding that the company had entered into a contract with the financing company behind the purchase, not the buyer itself.

By Ben Present

4 minute read

February 21, 2012 | The Legal Intelligencer

Penn State Sues Insurer for Defense Costs, Asks for Jury

Penn State University has sued its insurance company following the insurer's own legal action to limit its coverage in a lawsuit against the university stemming from the Jerry Sandusky sex-abuse scandal.

By Ben Present

7 minute read