Norton on Insurance Coverage in Pennsylvania, 2nd Edition (PBI Press)

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4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, PA 15219-2702

Phone: 412-288-4000
Fax: 412-288-2405
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Latest Business and Legal News

These news items and case summaries are a service provided by FindLaw. Picadio Sneath Miller & Norton, P.C. does not endorse any service or product advertised or discussed in any of these items.

Business

[09/02] American Eagle key revenue figure rises 1 percent

Intellectual Property

[08/26] Patent dispute spins around Cedar Fair's new ride

Insurance

[09/02] SIR Anticipates Record-Breaking Annual Conference

Environment

[09/02] UN: Climate funds shouldn't divert poverty aid

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Case Summaries

Intellectual Property

[09/02] Bodum USA, Inc. v. La Cafetiere, Inc.
In a suit for common law trade dress of a French-press coffee maker known as the Chambord, district court's judgment in favor of the defendant is affirmed as, Article 4 of the parties' contract is clear and precise as it allows defendant to sell the coffee maker design anywhere except France - provided that it does not use the Chambord or Melior names and does not use plaintiff's supply channels for four years.

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[09/01] Eli Lilly & Co. v. Teva Pharm. USA, Inc.
In a patent infringement suit related to a drug for postmenopausal osteoporosis, judgment of the district court is affirmed where: 1) the record amply supports the district court's conclusion that the ordinary artisan would not have considered it obvious to use raloxifene to treat postmenopausal osteoporosis; 2) because the district court's conclusion that the Bone Loss Patents would not have been obvious, its conclusion as to the Low Dose Patent is affirmed as well; 3) district court did not err in concluding that the Bone Loss Patents and the Low Dose Patents were not invalid for lack of enablement; 4) the district court did not clearly err in invalidating the asserted claims of the Particle Size Patents for lack of written description.

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Insurance Law

[09/02] Travelers Prop. Cas. Ins. Co. of Am. v. Nat'l. Union Ins. Co.
In an action by one insurer against another seeking $10 million in subrogation proceeds, summary judgment for defendants is affirmed in part where plaintiff waived certain rights by refusing repeated invitations to participate in subrogation discussions. However, the judgment is reversed in part where, as the excess insurer, plaintiff was entitled to a priority interest in the subrogation proceeds representing insured losses.

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[09/01] Sprinkles v. Associated Indem. Corp.
In plaintiffs' bad faith action against Fireman's Fund Insurance Company, arising from an underlying suit against defendant and his employer for causing the death of plaintiffs' father in an automobile accident, trial court's judgment sustaining the insurer's demurrer is affirmed as, under the complaint and matters judicially noticed, the defendant-employee was an insured, rendering the automobile exclusion in the GCL policy applicable, and Fireman's Fund had no duty to defend the employer.

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Environmental Law

[09/01] Western Watersheds Project v. Kraayenbrink
In a National Environmental Policy Act (NEPA) challenge to eighteen amendments to the Bureau of Land Management's (BLM) grazing regulations, partial summary judgment for plaintiffs is affirmed in part where: 1) the BLM failed to address concerns raised by its own experts, the Fish and Wildlife Service, the EPA, and state agencies; and 2) there was resounding evidence from agency experts that the eighteen amendments to the BLM's grazing regulations may affect listed species and their habitat. However, the order is vacated in part where the district court failed to consider plaintiffs' Federal Land Policy and Management Act claim under the framework and with the deference set forth in Chevron.

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[08/31] Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
In defendant's suit against a law firm, claiming that an arbitrator's award of $7,554,149.13 in attorney fees and expenses for the law firm, related to its representation of defendant in an underlying complex environmental litigation, is unconscionable and violates public policy, superior court's affirmance of the award is affirmed as, assuming that defendant's claim of unconscionability is subject to judicial review as a predicate for determining whether the arbitration award violates public policy, the claim is rejected on the merits as neither the fee agreement nor the award actually issued by the arbitrator is unconscionable under rule 4-200 of the Rules of Professional Conduct.

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Commercial Law

[09/01] Hollander v. Copacabana Nightclub
In a 42 U.S.C. section 1983 action brought against several New York City nightclubs for discriminating against men on “Ladies’ Nights," dismissal of the complaint is affirmed where the nightclubs were not state actors and thus were not subject to section 1983.

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[08/31] Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp.
In an action seeking to attach defendant's property in New York as pre-judgment security for a pending arbitration in Hong Kong, dismissal of the action for lack of personal jurisdiction is affirmed where the district court did not err in declining to fashion an equitable remedy in circumstances where it was clear that the original attachment order could not be sustained in light of Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58 (2d Cir. 2009).

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Attorney Biographies

Anthony P. Picadio 
4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, Pennsylvania 15219-2702

Communication Center 
Phone: (412) 288-4010 (Direct Dial)
Fax: 412-288-2405
E-mail: picadio@psmn.com
Web site: http://www.psmn.com

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Position	Areas of Practice	Education
Affiliations

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Anthony Picadio is a business lawyer and litigator and environmental lawyer who has been listed in The Best Lawyers in America for many years. He currently holds a rare triple listing in the fields of Business Litigation, Environmental Law and Personal Injury Litigation.  Mr. Picadio has represented business clients in significant cases presenting issues involving corporate governance, breach of fiduciary duty, fraudulent conveyance, securities fraud, trademark protection, insurance coverage, construction litigation, legal malpractice, commercial real estate and contract matters. Mr. Picadio also has acted as outside general counsel to a publicly-held real estate development company, to a construction company and to an international manufacturer of commercial lighting fixtures.  His environmental law practice has involved contribution and cost recovery actions under CERCLA and related state statutes, air pollution regulatory enforcement and private damages actions, and water pollution issues.

Mr. Picadio is a former Pennsylvania Assistant Attorney General specializing in environmental enforcement matters and former chairman of an administrative tribunal charged with administering air pollution control regulations in the Pittsburgh region. He has served as an adjunct Professor of Law at Duquesne University School of Law and as a speaker at seminars on various litigation and environmental law topics. He has served on the boards of a number of non-profit corporations engaged in conservation and information technology projects.

Selected Cases

Representation of manufacturer of commercial lighting product in an action against competitor for patent infringement and in an action brought by competitor for misappropriation of design and unfair competition.

Class counsel for class of investors in litigation alleging fraudulent securities and life insurance sales practices. 

Representation of owner of 40 story granite-clad office building in litigation against architect, general contractor and structural engineer arising out of failure of granite facade anchoring system. 

Representation of manufacturer of industrial, ultra-sonic flow meter in an action against a competitor for unfair competition.

Representation of publicly held company in litigation against former officers and bank arising out of misappropriation of corporate assets.

Defense of corporate managing general agent in litigation brought by insurer alleging negligence in insurance underwriting and claims management activities.

Representation of multi-plant manufacturing company in legal malpractice litigation against major law firm arising out of pension plan termination.  

Defense of securities broker-dealer firm in series of cases brought by company alleging misapplication by a company officer of funds deposited in company bank accounts. 

Representation of institutional and high net worth individual investors in securities fraud claims against broker-dealer and investment advisor.  

Representation of real estate developer in litigation against municipality and state environmental regulatory agency to enjoin continuation of ban on sewage connections.  

Defense of National Banking Association in series of cases brought by company alleging misappropriation by a company officer of funds deposited in company bank accounts. 

Current Employment Position(s):

Partner

Year Joined Organization:

1985

Areas of Practice:

Business Litigation

Business Law

Bar Admissions:

Pennsylvania, 1970

U.S. District Court Western District of Pennsylvania, 1970

U.S. Court of Appeals 3rd Circuit, 1971

U.S. Supreme Court, 1979

Education:

University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, 1970
J.D.
Honors: Cum Laude
Honors: Order of the Coif
Law Review: University of Pittsburgh Law Review, Editor-in-Chief, 1969 - 1970

University of Pittsburgh, 1966
B.A.
Major:  Economics

Professional Associations and Memberships:

Allegheny County Air Pollution Variance Board

Former Chairman

Allegheny Land Trust

Former Chairman

Past Employment Positions:

Tucker Arensberg, P.C., Pittsburgh, Pennsylvania, 1975 - 1985

Birth Information:

1941, Latrobe, Pennsylvania, United States of America