Ben Present

June 26, 2012 | The Legal Intelligencer

Lawyers representing the victims of former Penn State assistant football coach Jerry Sandusky said an external investigation's results and Penn State's willingness to resolve each claim individually will affect the university's ability to avoid litigation related to the scandal.

By Ben Present

5 minute read

December 18, 2012 | The Legal Intelligencer

Back in October, the Pennsylvania General Assembly responded to the U.S. Supreme Court's ruling in Miller v. Alabama, in which the nation's high court ruled it was unconstitutional to have mandatory life without parole for juvenile offenders.

By Ben Present

5 minute read

May 28, 2013 | The Legal Intelligencer

The attorney representing a man who pled guilty to third-degree murder in 2011 was not ineffective for advising him to do so, despite the fact that the U.S. Supreme Court invalidated mandatory minimum sentences of life without parole for juveniles on constitutional grounds the following year.

By Ben Present

5 minute read

March 20, 2012 | The Legal Intelligencer

The state Superior Court is set to decide whether the Pennsylvania Attorney General's policy to refuse ARD for all persons charged with tax-related crimes constitutes an abuse of discretion, according to a Pennsylvania attorney whose client learned about the policy firsthand.

By Ben Present

4 minute read

February 14, 2012 | The Legal Intelligencer

A Pennsylvania-based construction products manufacturer may not hit up the city of Wilkes-Barre for a seven-digit debt owed to it by the city's redevelopment authority, the Commonwealth Court has ruled.

By Ben Present

4 minute read

November 27, 2012 | The Legal Intelligencer

A battery claim against a Pennsylvania hospital may proceed, a Lawrence County judge has decided, ruling that the hospital lacked consent to continue administering a test after the patient asked doctors to stop because she was in excruciating pain.

By Ben Present

6 minute read

June 18, 2013 | The Legal Intelligencer

A Lackawanna County judge has released the employer of a man who was crushed under a 1,000-pound slab of concrete from a lawsuit the employee filed, ruling that the indemnity provision between the employer and the general contractor that hired it lacked the specificity required for the employer to waive its immunity from tort claims.

By Ben Present

4 minute read

April 05, 2012 | The Legal Intelligencer

A Philadelphia judge has allowed Daniel D. McCaffery to move forward with claims that the Philadelphia Board of Ethics and its executive director defamed him days before McCaffery came in second in a five-person Democratic field for Philadelphia district attorney three years ago.

By Ben Present

5 minute read

February 05, 2013 | Law.com

Making swift moves to deliver on her campaign promise to investigate Governor Tom Corbett's handling of the investigation of child sexual-abuse accusations against Jerry Sandusky, Pennsylvania Attorney General Kathleen Kane has tapped H. Geoffrey Moulton Jr. as the special prosecutor leading her office's examination of Corbett's pursuit of the case.

By Ben Present

4 minute read

April 17, 2012 | The Legal Intelligencer

A pair of Pennsylvania homeowners may proceed with their claim that Wells Fargo committed a breach of contract by failing to offer them permanent changes to their mortgage payments after the homeowners met their obligations under a trial period with lower rates, a Lackawanna County judge has ruled, in an apparent case of first impression.

By Ben Present

7 minute read