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Ben Present

Ben Present

July 10, 2012 | The Legal Intelligencer

Arbitration Clause Between Two Companies a Nonfactor in Suit Against CEO

The CEO of a Delaware County construction company may not invoke the binding arbitration clause between a nonprofit organization and his company to litigate a separate lawsuit the nonprofit has filed against him, the state Superior Court has ruled.

By Ben Present

5 minute read

July 02, 2013 | The Legal Intelligencer

Mention of Polygraph Doesn't Force Mistrial, Justices Rule

A testimonial reference to a request that a criminal defendant take a polygraph test is not enough to warrant a mistrial, the state Supreme Court has ruled.

By Ben Present

5 minute read

March 29, 2013 | The Legal Intelligencer

Phila. Jury Awards $20 Mil. to Amputee

A Philadelphia jury has awarded more than $20 million in a case where a man's leg was amputated above the knee after a 10-year-old boy ran him over with a five-ton track loader.

By Ben Present

5 minute read

April 15, 2013 | Law.com

Judge Steers All Penn State Coverage Litigation to Phila.

A recent ruling from a Philadelphia judge has delivered a pretty clear message to Penn State in an ongoing venue dispute the university is having with its insurer: If you're going to litigate, do so in Philadelphia.

By Ben Present

5 minute read

April 08, 2013 | The Legal Intelligencer

Trial Courts Yet to Find Consistency in 'Facebook Race'

Highlighting the need for guidance from the state's appellate courts, a Monroe County judge's recent decision on a discovery motion into a woman's social media account appears to have deviated from the growing school of thought among Pennsylvania jurists.

By Ben Present

9 minute read

April 24, 2012 | The Legal Intelligencer

Guardian, Court Assert Immunity Claims in Lawsuit

The Lackawanna County guardian ad litem has asked a federal judge to dismiss a lawsuit filed against her, arguing she is entitled to judicial immunity and that the federal court lacks subject-matter jurisdiction over issues stemming from a state custody case.

By Ben Present and Zack Needles

8 minute read

June 11, 2013 | The Legal Intelligencer

Federal Judge Allows Insurance Evidence in UIM Case

A federal judge has allowed evidence regarding the details of a plaintiff's underinsured motorist policy and the liability coverage of a third-party tortfeasor in a dispute between a woman and her insurance company over UIM coverage.

By Ben Present

4 minute read

February 19, 2013 | The Legal Intelligencer

No Suspension for First-Time Juvenile DUIs, Comm. Court Rules

A DUI adjudication as a minor does not preclude a person from qualifying for the first-time offender exception that allows one to avoid a driver's license suspension, the Commonwealth Court has ruled.

By Ben Present

4 minute read

March 06, 2012 | The Legal Intelligencer

Questions Loom Over Lackawanna Guardian Ad Litem Program

As federal investigators have subpoenaed records from the Lackawanna County Family Court regarding the county's guardian ad litem program, a review of family court records by Pennsylvania Law Weekly reveals that the court contracted one person to act as guardian ad litem an average of 88 cases per year between 2009 and 2011.

By Ben Present and Zack Needles

6 minute read

January 15, 2013 | The Legal Intelligencer

Philadelphia Wage Levy May Offset Other Tax Liability

Non-residents of Philadelphia may use their Philadelphia city wage tax as a credit for income-tax liability in other jurisdictions, the Commonwealth Court has ruled.

By Ben Present

7 minute read