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Ben Present

Ben Present

January 31, 2013 | Law.com

Sandusky's Post-Sentence Motions Rejected, Setting Stage for Appeal

The judge who presided at convicted serial child molester Jerry Sandusky's trial has rejected all of his post-sentence motions, ruling the former Penn State assistant football coach was not prejudiced by the amount of time he had to prepare for trial and that the court properly charged the jury.

By Ben Present

6 minute read

March 19, 2013 | The Legal Intelligencer

Judge Grants Discovery Into Hospital's Use of Heart Monitors

A Pennsylvania hospital must release the redacted medical records of about 10 emergency room patients who were equipped to heart monitors on the night a heart transplant patient died from heart complications after being treated at the hospital, a Lackawanna County judge has ruled.

By Ben Present

7 minute read

July 16, 2012 | Law.com

Settlements to Surface After Freeh Report, Attorneys Predict

Penn State's board of trustees admitted July 12 it "failed" in its oversight obligations regarding the Sandusky scandal. Louis B. Freeh, the former FBI director and judge hired to investigate the university's handling of former assistant football coach Jerry Sandusky, placed the bulk of the blame on the board and directly on four of the university's top leaders who he said "concealed" facts to avoid bad publicity.

By Ben Present and Gina Passarella

7 minute read

May 01, 2012 | The Legal Intelligencer

Panel Favors Offset of Benefits Based on Pension Contribution

A Commonwealth Court panel recently dealt with the question of whether an employer may offset workers' compensation benefits against pension payments when its pension program is taken over by the U.S. government agency that guarantees employees their retirement funds.

By Ben Present

6 minute read

July 13, 2012 | The Legal Intelligencer

Former University GC Baldwin's Role in Inquiry Outlined

According to an investigative report, Penn State trustees said they felt former president Graham Spanier and former general counsel Cynthia Baldwin downplayed the seriousness of the grand jury investigating allegations that former assistant football coach Jerry Sandusky sexually assaulted boys on the university's campus.

By Gina Passarella and Ben Present

5 minute read

August 07, 2012 | The Legal Intelligencer

Reference to 1980s Incident Wins Doctor New Drug Trial

Thanks to the common law res gestae exception, a suspended Chester County doctor has been granted a new trial on charges that he unlawfully prescribed medicine to six of his patients.

By Ben Present

5 minute read

December 26, 2012 | The Legal Intelligencer

Pretrial Motion Not Needed to Challenge Med Mal Expert

A medical malpractice defendant does not have to object to the qualifications of a plaintiffs expert through a pretrial motion under the MCARE Act, the state Supreme Court has ruled.

By Ben Present

8 minute read

December 26, 2012 | The Legal Intelligencer

Justices Reject Time-Barred Challenge to Zoning Ordinance

An East Penn Township, Pa., zoning ordinance has survived state Supreme Court review at least partly because of an undeveloped record regarding a last-minute, and unadvertised, change to the law.

By Ben Present

5 minute read

June 25, 2013 | The Legal Intelligencer

Who Will Be the Next Pa. Superior Court President Judge?

Now that Governor Tom Corbett has picked his replacement for former state Supreme Court Justice Joan Orie Melvin — state Superior Court President Judge Correale F. Stevens — who is going to replace Stevens on the state's busiest court?

By Ben Present

4 minute read

June 07, 2012 | The Legal Intelligencer

Lawyers Spar Over Constitutionality of Act 13 Provisions

Challenges to amendments to Pennsylvania's Oil and Gas Act, prohibiting local municipalities from passing zoning ordinances aimed at banning natural gas drilling, went before the Commonwealth Court on Wednesday.

By Ben Present

6 minute read