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Ben Present

Ben Present

May 28, 2013 | Law.com

McQueary Wants Proof PSU Fired Him Once Contract Ended

Former Penn State assistant football coach Mike McQueary has responded to Penn State's position that the university did not fire him over his testimony related to the Jerry Sandusky sex-abuse scandal, demanding "strict proof" that the university fired him only once his contract was over.

By Ben Present

5 minute read

March 05, 2013 | The Legal Intelligencer

'Sudden Medical Emergency' Ruled an Affirmative Defense

In a case of apparent first impression, the state Superior Court has recognized a "sudden medical emergency" as an affirmative defense in negligence cases in Pennsylvania.

By Ben Present

7 minute read

April 16, 2013 | The Legal Intelligencer

Criminal Forfeiture Must Be Prefaced by Alert to Jury Trial Right

A party facing the forfeiture of his or her home for underlying drug activity, like a criminal defendant, must first be advised of the right to a trial by jury, the Commonwealth Court has ruled.

By Ben Present

5 minute read

June 28, 2013 | The Legal Intelligencer

Potter County Judge Tapped to Hear Paterno Suit

A retired Potter County judge has been named by the state Supreme Court to preside over the lawsuit filed by the surviving family of football coach Joe Paterno and others against the NCAA for the sanctions imposed against Penn State in relation to the Jerry Sandusky sex-abuse scandal.

By Ben Present

4 minute read

April 16, 2013 | The Legal Intelligencer

Justices Decline to Review 'Unilateral' Benefits Suspension Case

The state Supreme Court has declined to review a case in which a divided Commonwealth Court allowed General Motors to unilaterally suspend an injured worker's benefits without the required paperwork because the man had taken a voluntary retirement package.

By Ben Present

7 minute read

June 18, 2012 | Law.com

Jury Set to Hear From Defense as Sandusky Prosecution Rests

The first thing Jerry Sandusky's lawyer told the jury deciding his client's fate was: "This is a daunting task."

By Ben Present

6 minute read

September 14, 2012 | The Legal Intelligencer

Redistricting Plan Faces Constitutional Challenge, Again

If the state Legislative Reapportionment Commission wants to set forth a set of constitutional maps of House and Senate districts, it will have to adhere to the constitutional principles of compactness and contiguity above any secondary political considerations.

By Ben Present

6 minute read

June 12, 2012 | The Legal Intelligencer

To Trigger MCARE Window, Defendant Must Know of Action

The state Supreme Court has decided that the four-year period after which the Pennsylvania Insurance Department is required to fund medical malpractice defenses under the MCARE Act may not be triggered by the mere filing of a praecipe of a writ of summons.

By Ben Present

6 minute read

October 11, 2011 | The Legal Intelligencer

'Regular Use' a Matter of Fact, Luzerne Co. Court Rules

A man who used his father's car for "work" and "emergencies" did not use the car "regularly" enough to preclude him from collecting underinsured motorist benefits by way of his mother's insurance policy, a Luzerne County judge has ruled.

By Ben Present

4 minute read

July 30, 2013 | The Legal Intelligencer

PSU Board Disclosures to Dept. of Education May Be Public Record

The Commonwealth Court has granted partial relief to a Penn State alumnus seeking access to communications received by the Pennsylvania secretary of Education while on Penn State's board of trustees, possibly paving the way for the alumnus to examine information on how the school responded to the Jerry Sandusky sex-abuse scandal.

By Ben Present

6 minute read