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Ben Present

Ben Present

May 14, 2013 | The Legal Intelligencer

High Court to Decide If Voir Dire Error Was Harmless

The state Supreme Court has agreed to hear a case over whether a Philadelphia trial judge committed more than harmless error when she misapplied Pennsylvania criminal voir dire procedure by requiring a man to use peremptory challenges before exhausting his challenges for cause.

By Ben Present

6 minute read

June 28, 2011 | The Legal Intelligencer

Consol to Appeal $7.8 Mil Verdict After Judge Denies Post-Trial Relief

A Western Pennsylvania energy company is appealing a $7.8 million verdict ? plus delay damages ? awarded to two men who were injured when a company staircase they were descending collapsed.

By Ben Present

5 minute read

November 08, 2011 | The Legal Intelligencer

No Workers' Comp for Man Who Violated 'Positive Work Order,' Panel Decides

A man who lost an eye after taking a sledgehammer to a bowling ball at work, allegedly ignoring a superior's orders to "stop" or "knock it off," may not collect workers' compensation benefits, the Commonwealth Court has ruled.

By Ben Present

5 minute read

January 29, 2013 | The Legal Intelligencer

Homeowners' Bid to Remove Comcast Cable Lines Survives

A Pennsylvania couple may proceed with their lawsuit aiming to rid their property of cable lines and equipment installed by cable giant Comcast, a Lawrence County judge has ruled.

By Ben Present

4 minute read

December 26, 2012 | The Legal Intelligencer

City of Philadelphia Reaches Settlement With Aramark, Minority Business

A branch of the food services provider Aramark and a minority-owned business have settled a lawsuit with the city of Philadelphia for $400,000 after the city alleged the companies engaged in a "circular billing" scheme in which Aramark overstated the amount of business it drove to Strother Enterprises to meet the city's minority-business requirements and anti-discrimination policies.

By Ben Present

4 minute read

April 30, 2013 | The Legal Intelligencer

Third-Party Settlement Triggers UIM Statute of Limitations

The statute of limitations for an underinsured motorist claim in Pennsylvania starts running when the policyholder settles with or gets a judgment against a third-party tortfeasor, the state Superior Court has ruled in an issue of first impression.

By Ben Present

7 minute read

May 24, 2012 | The Legal Intelligencer

A Little Asbestos Exposure Not Equal to A Lot, Justices Rule

In a test case with potentially far-reaching implications on the types of scientific methodology that may be used in asbestos trials, a unanimous state Supreme Court has declined to endorse the theory that exposure to one fiber of asbestos is tantamount to a lot.

By Ben Present

4 minute read

July 02, 2013 | The Legal Intelligencer

Alcohol Is a Drug For Unemployment Purposes, Court Rules

An employee who fails to submit to or pass alcohol testing under his or her employer's policy is ineligible for unemployment compensation under the law's drug-testing provision, the Commonwealth Court has ruled.

By Ben Present

3 minute read

October 09, 2012 | Law.com

Court Imposes Corporate Liability on Nursing Homes

While its seminal decision on corporate liability for nursing homes awaits judgment from the Pennsylvania Supreme Court, the state Superior Court has kicked a similar matter back to Philadelphia court for the possible addition of punitive damages.

By Ben Present

7 minute read

April 10, 2012 | The Legal Intelligencer

Superior Court Says Jury May Decide Employment Status

In a case that could have lasting effects on Pennsylvania's statutory employer law, the state Superior Court has affirmed a $1.5 million judgment entered in favor of an injured worker who was pinned under a scissor lift while repairing the ceiling of a Bucks County church.

By Ben Present

6 minute read