Latest Business and Legal News

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Business

[03/10] Greek strike to shut down services Thursday

Intellectual Property

[03/10] Google to digitize old books from Rome, Florence

Insurance

[03/10] Swiss Re puts Chile quake insurance cost at $4-7BN

Environment

[03/10] China tells US to do more on climate change

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Case Summaries

Intellectual Property

[03/09] Richardson v. Stanley Works, Inc.
In an action for patent infringement relating to a design patent for a multi-function carpentry tool that combines a hammer with a stud climbing tool and a crowbar, a district court's finding of noninfringement is affirmed as the district court correctly construed the claim at issue and correctly determined that the patent was not infringed.

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Insurance Law

[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.

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Environmental Law

[03/09] Native Ecosystems Council v. Tidwell
In an action challenging the Forest Service's approval of a project to update grazing allotments in the Beaverhead-Deerlodge National Forest, summary judgment for defendant is reversed where: 1) because the Forest Service's environmental assessment was based on a nonexistent management indicator species, its habitat proxy analysis was not reliable; and 2) the Forest Service failed to take the requisite "hard look" at the project as required by the National Environmental Policy Act.

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Commercial Law

[03/10] Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd.
In an appeal from a district court's order granting plaintiff's motion for a preliminary injunction and enjoining defendant from proceeding with an arbitration initiated against plaintiff before the Financial Industry Regulatory Authority, the order is affirmed where the "serious questions" standard for assessing a movant's likelihood of success on the merits remains valid in the wake of recent Supreme Court cases, and neither the district court's assessment of the facts nor its application of the law supported a finding of abuse of discretion.

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Attorney Biographies

Joseph R. Carnicella
4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, Pennsylvania 15219-2702

Communication Center
Phone: (412) 288-4016
Fax: 412-288-2405
E-mail: jcarnicella@psmn.com
Web site: http://www.psmn.com

Position	Areas of Practice	Education
Affiliations

Joseph R. Carnicella focuses his practice in the areas of commercial, intellectual property and insurance coverage litigation. Prior to joining Picadio Sneath Miller & Norton, P.C., Mr. Carnicella was an associate with a business law firm in Pittsburgh , concentrating in business and complex commercial litigation. Mr. Carnicella received his J.D. degree in 2005 from Duquesne University School of Law and his B.S. degree in Biochemistry and Molecular Biology from The Pennsylvania State University in 2002. While in law school, Mr. Carnicella worked as a certified legal intern for the Pennsylvania Office of Attorney General and served as a judicial extern for the U.S. District Court for the Western District of Pennsylvania. Mr. Carnicella is a member of the Pennsylvania Bar and New Jersey Bar and is licensed to practice before the United States Patent and Trademark Office. Also, Mr. Carnicella is admitted into the United States Court of Appeals for the Federal Circuit, the U.S. District Court for the Eastern District of Pennsylvania and the U.S. District Court for the Western District of Pennsylvania.

Current Employment Position(s):: Associate, since 2009

Areas of Practice:: Intellectual Property Litigation; Trademark Prosecution; Commercial Litigation; Insurance Coverage

Bar Admissions:: Pennsylvania, 2005; New Jersey, 2007; U.S. District Court Western District of Pennsylvania, 2007; U.S. District Court Eastern District of Pennsylvania, 2006; U.S. Court of Appeals Federal Circuit, 2007; U.S. Patent and Trademark Office, 2005

Education:: Duquesne University School of Law, Pittsburgh, Pennsylvania
J.D.; Pennsylvania State University, 2002
B.S.
Major: Biochemistry
Major: Molecular Biology

Professional Associations and Memberships:: Pennsylvania Bar Association; Allegheny County Bar Association; Pittsburgh Intellectual Property Law Association; Defense Research Institute

Past Employment Positions:: Morella & Associates, Associate, 2007 - 2009; Flamm, Boroff & Bacine, P.C., Associate, 2006 - 2007

Birth Information:: 1979, Patton, Pennsylvania, United States of America

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