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Ben Present

Ben Present

May 22, 2012 | The Legal Intelligencer

The Loneliest Justice?

At the beginning of this month, after the state Supreme Court granted allocatur in a workers' compensation case and disposed of it in the very same order, Justice Thomas G. Saylor wrote to dissent.

By Ben Present

8 minute read

October 30, 2012 | The Legal Intelligencer

AG Candidates Go on the Air After Polarized Debate

The two principal candidates vying for the Pennsylvania Attorney General's Office debated live on Pennsylvania Cable Network last week. Then they really went on TV — with ad spots.

By Ben Present

8 minute read

March 06, 2013 | The Legal Intelligencer

Justices Hear Arguments on State Agencies' Attorney-Client Privilege

During Tuesday's arguments of a case over whether the Pennsylvania Turnpike Commission is entitled to attorney-client privilege as a state agency, state Supreme Court Justice Debra Todd said a ruling in the negative would render attorneys working Pennsylvania government agencies "emasculated."

By Ben Present

6 minute read

April 09, 2013 | The Legal Intelligencer

Big-Ticket Cases Featured in Pittsburgh Argument Session

Highlighting the first oral argument session after the official resignation of Justice Joan Orie Melvin are two of the bigger cases on the justices' docket this year: a case over whether communications between attorneys and their expert witnesses are discoverable and one about when the statute of limitations starts running in a medical malpractice case where there are multiple potential causes of injury.

By Ben Present

9 minute read

September 24, 2012 | The Legal Intelligencer

Attorneys See Tough Job for Feinberg in PSU Case

If Ken Feinberg wants to add “quickly and successfully settled Penn State claims on the Sandusky sex abuse scandal” to his resume, he's going to need to think outside the box. That was the point articulated by attorneys for several of the men suing the university for its handling of the sex abuse allegations against its former defensive coordinator and convicted child rapist, Jerry Sandusky.

By Ben Present

7 minute read

June 21, 2012 | The Legal Intelligencer

Defense Rests Without Sandusky Taking the Stand

Defense counsel for former Penn State assistant football coach Jerry Sandusky rested their case Wednesday without their client taking the stand.

By Ben Present

5 minute read

April 16, 2013 | The Legal Intelligencer

Justices Question Construction of Lien Law at Arguments

The state Supreme Court heard arguments last week in a case over whether Pennsylvania's Mechanics' Lien Law should be construed liberally, such that the trustees of an employee benefits fund can proceed with mechanics' lien claims against a real estate developer for money owed to two unions after the contractor who hired them went bankrupt.

By Ben Present

5 minute read

July 30, 2013 | The Legal Intelligencer

Judge Clashed With Kane Over Turnpike Commission Case

The ouster of the judge who long presided over grand jury investigations in Pennsylvania via Attorney General Kathleen Kane's petition to the state Supreme Court was the result of clashes over the office's investigation of the Pennsylvania Turnpike Commission and Kane's concern that the judge was too close with some veteran prosecutors, sources have told the Law Weekly.

By Ben Present

9 minute read

November 20, 2012 | The Legal Intelligencer

Assumption of Risk Defense Limited by Restatement

The Restatement (Second) of Torts has saved a Pennsylvania man's claim against his landlords as the state Superior Court has ruled that an apartment tenant did not assume the risk associated with a nighttime fall off his driveway, where he apparently already knew the pavement was not level.

By Ben Present

5 minute read

February 07, 2013 | Law.com

Lokuta Sues Former JCB Chief Counsel, Prosecutor

Former Luzerne County Court of Common Pleas Judge Ann H. Lokuta has filed a federal lawsuit against the former chief counsel of the Pennsylvania Judicial Conduct Board, a prosecuting attorney for the board, and other individuals from Luzerne County, all of whom Lokuta said pursued charges against her after she alleged judicial misconduct on the part of her colleagues.

By Ben Present

5 minute read