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Ben Present

Ben Present

November 27, 2012 | The Legal Intelligencer

Court Applies Mansion House Rule Without an Actual Mansion

A Chester County judge has ruled the state's Mansion House Rule — traditionally used in cases where a residential property straddles a municipal line — may be used to assess taxes for a commercial property that sits on two tax parcels.

By Ben Present

4 minute read

May 21, 2013 | The Legal Intelligencer

HICPA Impermissibly Limits Quantum Meruit Recovery

Pennsylvania's Home Improvement Consumer Protection Act incorrectly limits contractors' ability to recover damages for work they completed under a theory of quantum meruit, the state Superior Court has ruled.

By Ben Present

4 minute read

October 11, 2011 | The Legal Intelligencer

Pa. Supreme Court Blocks Execution of Mentally Unfit Killer

The state Supreme Court has unanimously decided that a man convicted of mass murder nearly 30 years ago was mentally unfit to be put to death because he lacked a "rational understanding" of the death penalty or its reasons for application.

By Ben Present

10 minute read

July 17, 2012 | The Legal Intelligencer

Landlord Groups Fail to Overturn Regulatory Ordinance

A local landlord organization and the Pennsylvania Residential Owners Association have lost their bid before the Commonwealth Court to broadly invalidate an ordinance imposing affirmative requirements on owners and landlords of Berwick Township rental properties.

By Ben Present

6 minute read

November 13, 2012 | The Legal Intelligencer

Judge Packages UIM and Tort Claims, Then Ships One

An order of joinder could have permitted a couple's underinsured motorist claim against their own insurer and their tort claim against the defendant tortfeasor to be tried together, a Montour County judge has ruled, but for a venue clause in the plaintiffs' policy the judge said forced the litigation against their insurer to take place in their county of domicile.

By Ben Present

4 minute read

September 11, 2012 | The Legal Intelligencer

Political Blockbusters Lead High Court Argument Session

A six-justice Pennsylvania Supreme Court, divided evenly along political lines, will hear two politically charged matters this week — one regarding the state's controversial voter ID law and the other regarding its second review of the Pennsylvania Legislative Reapportionment Commission's redistricting efforts.

By Ben Present

11 minute read

May 29, 2013 | The Legal Intelligencer

Phila. Jury Awards $19 Million to Man Who Lost His Leg

A lawyer representing a Bensalem, Pa., man who was awarded $19.1 million by a Philadelphia jury last week said the plaintiff had initially demanded $250,000 to resolve the case — an auto accident that resulted in a lower leg amputation — a couple years ago.

By Ben Present

4 minute read

April 08, 2013 | The Legal Intelligencer

No Reasonable Expectation of Privacy on Facebook, Judge Says

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

By Ben Present

5 minute read

June 06, 2012 | The Legal Intelligencer

18 Law Firms Respond to Request for Bids to Work on PGW Deal

A landmark number of law firms have responded to the city's request for legal bids to advise on the possible sale of Philadelphia Gas Works, a sign that the city just might have a viable chance to shed itself of the largest municipally owned gas utility left in the country.

By Ben Present

5 minute read

May 14, 2013 | The Legal Intelligencer

Insurers Can't Deny Coverage to Abuse Victims, Court Rules

Insurance companies may not deny coverage to victims of domestic abuse under their policies' "intentional acts" provisions, the state Superior Court has ruled in a case of first impression.

By Ben Present

7 minute read