Latest Business and Legal News

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Business

[03/17] Metro 2009 net income falls 7 percent

Intellectual Property

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

Insurance

[03/17] Catholic nuns urge passage of Obama's health bill

Environment

[03/17] Opposition to tuna ban grows at UN meeting

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Case Summaries

Intellectual Property

[03/11] Delaware Valley Floral Group, Inc. v. Shaw Rose Nets, LLC
In plaintiffs' suit seeking declaratory relief against the inventor and owner of a patent relating to a process that produces larger rose heads by placing elastic, porous nets over the rose heads during the growing process, district court's grant of summary judgment pursuant to the on-sale bar under section 102(b) is affirmed where: 1) defendant failed to raise a genuine issue of material fact surrounding the dates of conception or commercial sales; 2) defendant failed to dispute that the invention was ready for patenting; and 3) defendant failed to show that the district court erred in disregarding the evidence presented in its motion for reconsideration.

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Insurance Law

[03/17] Chandler v. State Farm Mut. Auto. Ins. Co.
In an action seeking car rental costs from an insurer arising out of an auto accident, dismissal of the complaint is affirmed where, under California law, an insurer is permitted to recoup a payout from a third-party tortfeasor's insurance company before the insured has sued the third-party tortfeasor, and without first making the insured whole.

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Environmental Law

[03/15] Communities for a Better Env't v. S. Coast Air Quality Mgmt. Dist.
In plaintiffs' suit against ConocoPhillips and the South Coast Air Quality Management District (District), for failing to prepare an EIR before approving a refinery project, judgment of the court of appeals is affirmed as neither the statute of limitations, nor principles of vested rights, nor the CEQA case law on which ConocoPhillips and the District rely, justified employing as an analytical baseline for a new project the maximum capacity allowed under prior equipment permits, rather than the physical conditions actually existing at the time of analysis. Therefore, the District abused its discretion in determining the project at issue would have no significant environmental effects compared to a baseline of maximum permitted capacity.

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Commercial Law

[03/15] Kim v. Carter's Inc.
In plaintiffs' suit against a children's clothing retailer for damages under Illinois contract and consumer protection law, claiming they were victims of deceptive pricing, dismissal of the complaint is affirmed where: 1) with respect to plaintiffs' breach of contract claim, defendant has fulfilled its obligations under the straightforward, everyday sales contract described in the complaint; and 2) plaintiffs' allegations fail to establish the actual damages element of their Illinois Consumer Fraud and Deceptive Business Practice Act (ICFA) claim.

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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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