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Ben Present

Ben Present

May 08, 2012 | The Legal Intelligencer

Justices Assert Control Over Definition of 'Constitutional Phrase'

A deeply divided state Supreme Court has refused to yield to the Pennsylvania General Assembly in defining a public charity for the purpose of real estate tax exemptions.

By Ben Present

9 minute read

November 29, 2011 | The Legal Intelligencer

Mental Impressions of Insurance Company Representative Not Discoverable

There is no time limit to the anticipation of litigation, a Lackawanna County judge has ruled, deciding that plaintiffs cannot discover the mental impressions of an insurance company's representative predating the filing of a lawsuit.

By Ben Present

5 minute read

February 05, 2013 | The Legal Intelligencer

Supreme Court Releases Restyled Pa. Rules of Evidence

The state Supreme Court has released the restyled Pennsylvania Rules of Evidence, an effort that may not reflect any substantive changes to the law but does make the rules easier to understand while keeping them consistent with their federal counterparts.

By Ben Present

5 minute read

April 10, 2012 | The Legal Intelligencer

$18.5 Mil. Genuardi's Case Tops High Court Arguments List

One of the most closely watched cases in recent Pennsylvania history — involving an $18 million verdict, post-trial procedures and a long list of appellate lawyer heavyweights filing amicus briefs — is set to be argued before the state Supreme Court in Pittsburgh this week.

By Ben Present

10 minute read

December 11, 2012 | The Legal Intelligencer

Court Rejects Breach of Contract Suit Over Prep School's Services

A federal judge has dismissed a Pennsylvania prep school from a lawsuit alleging it breached its contract with a Pennsylvania man aiming to boost his academic credentials to get into college by not rendering the educational services it promised in an enrollment agreement.

By Ben Present

5 minute read

September 18, 2012 | The Legal Intelligencer

Superior Court: University May Learn of Teen's Child Porn Adjudication

A provision in the Pennsylvania Juvenile Act requiring disclosure of juveniles' court records to their "school" includes colleges, the state Superior Court has ruled.

By Ben Present

5 minute read

March 13, 2012 | The Legal Intelligencer

High Court Eyes School District Tax Collector Payment

As attorney Howard Lee Kelin was fielding a barrage of questions from the justices of the Pennsylvania Supreme Court in Philadelphia last week about whether his client, a Bucks County School District's board of directors, had effectively forced out the school's tax collectors by lowering their pay rates, Justice J. Michael Eakin asked him about how the elected faction could keep its job.

By Ben Present

6 minute read

August 13, 2012 | The Legal Intelligencer

Phila. Judge Says Penn State Insurance Dispute Belongs in FJD

Following the university's appeal of his decision, a Philadelphia judge has issued an opinion outlining why a dispute between Penn State and its insurance company, stemming from the Jerry Sandusky sex-abuse scandal, should be litigated in Philadelphia.

By Ben Present

5 minute read

January 22, 2013 | The Legal Intelligencer

High Court Remands Capital Case to Address Federal Defender's Pay

The most recent entry came with fewer adjectives than other decisions in its recent history, but the legal tussle between members of the state Supreme Court and the Federal Community Defender Organization continues.

By Ben Present

7 minute read

April 30, 2013 | The Legal Intelligencer

Constables Can't Get Government Plates Under Vehicle Code

An elected constable is not a governmental or quasi-governmental official under the state's Vehicle Code, the Commonwealth Court has ruled in an issue of first impression.

By Ben Present

6 minute read