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Ben Present

Ben Present

January 03, 2012 | The Legal Intelligencer

Justices Reject Suit Against Injury Site's Former Operator

The state Supreme Court has decided that a pair of plaintiffs may not recover damages from the former operator of a steel plant under the Restatement (Second) of Torts for injuries they sustained on the premises six years after the company sold the plant.

By Ben Present

4 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 BY ben present

5 minute read

August 14, 2012 | The Legal Intelligencer

Missing Defendant Did Not Necessarily Flee, Judge Says

A Lawrence County judge has declined to enter default judgment against a trucking company and its principal who, according to the plaintiffs suing the company, fled the country to avoid litigation over a fatal accident involving one of his drivers.

By Ben Present

4 minute read

May 09, 2013 | The Legal Intelligencer

Second Plan for Redistricting OK'd By Supreme Court

The Pennsylvania Supreme Court has unanimously dismissed several constitutional challenges to the state Legislative Reapportionment Commission's second set of legislative districts, approving new district boundaries for state elections from 2014 to 2020.

By Ben Present

7 minute read

March 27, 2012 | The Legal Intelligencer

Financial Discovery Denied in Collapsing Sidewalk Case

A Lackawanna County judge has denied the request of a former construction worker who was crushed under a 1,000-pound slab of concrete to discover the financial worth of the company whose employee he claims was removing the sidewalk 10 feet above him at the time of his injuries.

By Ben Present

7 minute read

May 07, 2013 | The Legal Intelligencer

Justices OK Employer's Third-Party Claims Waiver

A disclaimer in which workers for a security company waived any right to sue their employer's third-party clients can stand, the state Supreme Court has ruled.

By Ben Present

7 minute read

May 15, 2012 | The Legal Intelligencer

High Court Balances Coroner's Act With Right to Know

The state Supreme Court held oral arguments last week in Harrisburg in the appeal of a media company that was prohibited from immediately looking at a coroner's autopsy report to find out the manner in which a Pennsylvania college student died under the Right-to-Know Law.

By Ben Present

5 minute read

January 08, 2013 | The Legal Intelligencer

High Court Could Hear Key Civil Issues in 2013

Last year, by many accounts, was the year of the political blockbuster for the Pennsylvania Supreme Court, which presided over cases on the legislative reapportionment process and the state's controversial voter ID law.

By Ben Present

6 minute read

October 18, 2011 | The Legal Intelligencer

Judge Denies Woman's Retroactive Benefits Choice on Ex-Husband's Pension

A Pennsylvania woman cannot retroactively specify which benefits option is attached to her ex-husband's pension, a Northumberland County judge has ruled.

By Ben Present

4 minute read

July 31, 2012 | The Legal Intelligencer

State Law Pre-empts Some, Not All, of Local Farming Ordinance

The Commonwealth Court has decided that several provisions of a Locust Township ordinance regulating "intensive animal agriculture" farming operations are pre-empted by state law.

By Ben Present

6 minute read