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Ben Present

Ben Present

June 18, 2013 | The Legal Intelligencer

Justices Take Up Case of Charter School Enrollment Cap

The state Supreme Court has agreed to hear a case on whether an enrollment cap imposed by a Philadelphia charter school was valid before state law on the issue changed, but not afterward, as the Commonwealth Court has held.

By Ben Present

6 minute read

November 20, 2012 | The Legal Intelligencer

Jury Awards $125,000 After Chair Snaps Under Nurse

A Delaware County jury has awarded $125,000 to an obese nursing assistant and her husband after finding the hospital where she worked was negligent in allowing a broken chair, which ultimately collapsed beneath the woman, to stay in her patient's room. The incident occurred May 20, 2009.

By Ben Present

4 minute read

October 24, 2011 | Law.com

Old Principle Gets New Spin in UIM Case

For those watching oral arguments before the state Supreme Court in Pittsburgh last week, it was probably hard to imagine a meaningful connection between LeBron James' Twitter activity and the century-old "rescue doctrine" on the justice's docket

By Ben Present

6 minute read

February 12, 2013 | The Legal Intelligencer

Driver on Policy Not 'Named Insured,' Not Bound by Limited Tort

A woman designated as a "principal driver" on her fiance's insurance policy was not a "named insured" under that policy, the state Superior Court has ruled, clearing the way for the woman to pursue a third-party tort claim unfettered by the policy's limited tort limitations.

By Ben Present

4 minute read

March 27, 2012 | The Legal Intelligencer

Section 8 Addresses Are Public, but Disclosure Concerns Persist

The addresses and owners of Section 8 housing properties are public records, the Commonwealth Court has ruled.

By Ben Present

6 minute read

January 29, 2013 | The Legal Intelligencer

Superior Court Warns Trial Judge Not to Invade on Jury's Province

The state Superior Court has revived a claim stemming from a fatal motor vehicle-pedestrian accident, ruling that the trial court improperly weighed the evidence before it and discounted possibly viable plaintiffs experts in dismissing the defendants on a grant of summary judgment.

By Ben Present

7 minute read

January 11, 2013 | Law.com

Sandusky Seeks New Trial Over Lack of Time to Prepare Case

An attorney representing convicted child serial molester and former Penn State assistant football coach Jerry Sandusky told a judge Thursday that his client's trial was "structurally" unsound because trial counsel didn't have enough time to prepare for it.

By Ben Present

6 minute read

November 23, 2011 | New Jersey Law Journal

No Reasonable Expectation of Privacy on Facebook, Judge Says

Even without appellate case law to provide guidance on the discoverability of information on Facebook, the standard is becoming clear: Post at your own risk.

By Ben Present

4 minute read

December 13, 2012 | The Legal Intelligencer

Court Papers: Schultz Could Sue Ex-Penn State GC

A former Penn State administrator facing criminal charges related to the Jerry Sandusky sex-abuse scandal has filed a praecipe for writ of summons against the university's former general counsel, Cynthia Baldwin, indicating he intends to sue her for legal malpractice.

By Ben Present

4 minute read

June 21, 2011 | The Legal Intelligencer

Judge Overturns City Cell Phone Ban as Lawmakers Eye Action

A Lehigh County judge has thrown out the city's ordinance that banned using a cellular phone while operating a vehicle, saying it was pre-empted by state law.

By Ben Present

5 minute read