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Ben Present

Ben Present

May 07, 2013 | The Legal Intelligencer

Justices to Mull Whether Jury May Decide Employment Status

The state Supreme Court has granted allocatur in a case that promises to have lasting effects on Pennsylvania's statutory employer law, following a divided state Superior Court's decision affirming 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

May 09, 2012 | The Legal Intelligencer

Justices Mull 19-Year-Old H&R Block Class Action

At Tuesday's oral arguments session in Harrisburg, Basile v. H&R Block, in its 19th year of litigation, was being argued before the Supreme Court for the third time.

By Ben Present

5 minute read

November 06, 2012 | Law.com

Panel Allows Unrestricted Damages in Botched Sterilization Case

A Pennsylvania woman who became pregnant and had an abortion despite having had a sterilization procedure may move her case forward, the state Superior Court has ruled, refusing to limit emotional distress damages to a six-week postnatal period, as the trial court had.

By Ben Present

8 minute read

April 08, 2013 | Law.com

Plaintiffs Win Round on Discovery of Facebook Pages

A Philadelphia judge has denied an insurance company's request to probe a Facebook page in an injury case.

By Ben Present

5 minute read

April 17, 2012 | The Legal Intelligencer

Freed, Kane Diverge on Health Care, Sandusky Investigation

One of the two Democratic candidates running for state attorney general and her unopposed Republican counterpart took starkly contrasting stances on the Patient Protection and Affordable Care Act championed by President Obama and the lawsuit filed by several attorneys general challenging the controversial health care reform measure.

By Ben Present

5 minute read

February 28, 2012 | The Legal Intelligencer

RICO Claim Survives Early Motion in 'Kids-for-Cash' Suit

A federal judge has allowed the mother of a juvenile who was incarcerated during the Luzerne County judicial scandal to move forward with a RICO claim against the facility where her son was imprisoned.

By Ben Present

4 minute read

November 05, 2012 | The Legal Intelligencer

Woman's Estate Awarded $3 Mil. After Home Fails to Seek Care

A Luzerne County jury has awarded more than $3 million to the estate of a disabled woman who died from injuries related to a car accident she was in while under the care of a Pennsylvania group home.

By Ben Present

4 minute read

April 08, 2013 | The Legal Intelligencer

Plaintiffs Score a Pair of Wins in Social Media Decisions

Two Pennsylvania courts have recently denied defense motions asking for access to plaintiffs' private social media pages, apparently evening the social media scoreboard and giving plaintiffs some much-needed case law to counter a trio of opposing decisions.

By Ben Present

9 minute read

October 16, 2012 | The Legal Intelligencer

Justices Take Up Firm's Appeal to Recoup Tax Collection Fees

The state Supreme Court has granted allocatur in a case over whether Pennsylvania law provided a cause of action to taxpayers who sued a law firm for the administrative costs they paid the firm for collecting real estate taxes.

By Ben Present

7 minute read

June 04, 2013 | The Legal Intelligencer

Superior Court Reluctantly Uses Bad-Faith Test in PUTSA Claims

The state Superior Court has instructed a Potter County judge to calculate attorney fees in favor of the defense related to two trade secrets claims that the plaintiffs agreed to withdraw prior to prevailing before a jury in the remainder of their lawsuit.

By Ben Present

7 minute read


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