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Ben Present

Ben Present

February 25, 2013 | The Legal Intelligencer

Penn State's Venue Appeal Is Rejected By Superior Court

A dispute between Penn State and the university's general liability insurer stemming from the Jerry Sandusky sex-abuse scandal will play out in the Philadelphia Court of Common Pleas, the state Superior Court has ruled.

By Ben Present

6 minute read

October 09, 2012 | The Legal Intelligencer

Panel Says UIM Settlement Does Not Offset Verdict

The state Superior Court has ruled that state law does not allow for UIM recovery to offset an award against a third-party tortfeasor.

By Ben Present

8 minute read

August 28, 2012 | The Legal Intelligencer

Panel Redirects Restitution to Drunken Driver's Insurance Company

A Pennsylvania man owes his auto insurance company close to $8,000 in restitution, the state Superior Court has ruled, for money the insurer doled out to a victim the man hit with his car while driving under the influence of alcohol.

By Ben Present

4 minute read

April 30, 2013 | The Legal Intelligencer

Should Task Force Change Power of Attorney Process?

For many attorneys who practice estate planning and elder law, the process of assigning a person power of attorney when his or her elder relative has become incapable of making decisions is the cheapest and most practical course of conduct.

By Ben Present

8 minute read

December 04, 2012 | The Legal Intelligencer

High Court Eyes Adverse Inference on Citizenship Question

Attorney Ted Carpenter Jr., representing a Pennsylvania trucking company, doesn't remember why he asked David Cruz whether he had the paperwork to prove he was a U.S. citizen during a hearing on a workers' compensation claim petition, the attorney told the state Supreme Court last week.

By Ben Present

6 minute read

March 21, 2012 | Law.com

Lawyers: Sandusky May Get Accusers' Psych Records

State prosecutors may have to turn over psychological treatment records of individuals accusing former Penn State assistant football coach Jerry Sandusky of sexual abuse.

By Ben Present

5 minute read

June 12, 2012 | The Legal Intelligencer

At Beginning of Sandusky Trial, Alleged Victims Take Center Stage

Jerry Sandusky sat hunched over as prosecutors started his trial on 52 sex-related charges Monday by showing a packed Bellefonte, Pa., courthouse childhood photos of the eight men expected to testify against the former assistant Penn State football coach.

By Ben Present

5 minute read

April 23, 2013 | The Legal Intelligencer

Is Waiver Being Fairly Applied to Pennsylvania Appeals?

It is no secret that some Pennsylvania attorneys have viewed the state Superior Court as having an itchy trigger finger when it comes to using waiver to shoot down appeals.

By Ben Present

9 minute read

August 06, 2013 | The Legal Intelligencer

As Board OKs Sandusky Accords, What's Next in Coverage Fight?

The legal troubles faced by Penn State in the wake of the Jerry Sandusky sex-abuse scandal took a big turn last month when reports surfaced that the university's board of trustees has agreed to pay $60 million to resolve a majority of claims Sandusky's accusers made against the school.

By Ben Present

9 minute read

July 17, 2013 | The Legal Intelligencer

Lawsuit Against Lackawanna GAL, Judges Tossed

A federal judge has dismissed the Lackawanna County guardian ad litem, three judges from the county, and the county itself from a civil lawsuit filed by a litigant who took issue with the guardian's appointment to his custody case.

By Ben Present

5 minute read