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
Email

 

 

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

Kelly A. Williams 
4710 U.S. Steel Tower
600 Grant Street
Pittsburgh, Pennsylvania 15219-2702

Communication Center 
Phone: (412) 288-4005 (Direct Dial)
Fax: 412-288-2405
E-mail: kwilliams@psmn.com
Web site: http://www.psmn.com

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Position	Areas of Practice	Education
Honors	Published Works	Affiliations

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Kelly Williams' practice focuses on complex commercial litigation, insurance coverage and intellectual property law.  Ms. Williams handles all phases of litigation in state and federal courts.  Ms. Williams represents national insurance companies involving coverage claims by policy holders and has experience overseeing large scale e-discovery in federal court.  In addition, Ms. Williams has defended corporations against trademark infringement claims and has acted as local patent infringement counsel.  Ms. Williams' experience also includes representing corporations in product liability litigation.  Before joining Picadio Sneath Miller & Norton, Ms. Williams practiced law at McGuireWoods LLP and has practiced in both Philadelphia and Pittsburgh .

Ms. Williams is a member of the Allegheny Bar Association and, its, Public Service Committee and Executive Council of the Women in the Law Division. She also serves as the Chair of the Public Service Committee's Volunteer Recognition Event, which honors Allegheny County volunteer attorneys. Moreover, Ms. Williams is a volunteer for Allegheny County 's child custody conciliation program, mortgage foreclosure conciliation program and serves on the Allegheny County Judiciary Committee. Ms. Williams is also actively involved in DRI, the Voice of the Defense Bar as Chair of the Publication Subcommittee of the Women in the Law Committee and as a member of the Sharing Success Seminar Steering Committee. 

SELECTED CASES PROSECUTED OR DEFENDED TO VERDICT, DISMISSAL OR SETTLEMENT            

• Tenant v. Apartment Complex Owner and Leasing Agent (Allegheny County, PA) Lead trial counsel, defended property owner and elasing agent in civil suit brought by tenant for negligence in maintaining common area of apartment complex. Case settled before trial.
• Business v. General Contractor (Schuylkill County, PA) Assisted lead trial counsel  in defedning general contractor in complex multi-party litigation against breach of contract and warranty claims arising from concrete floor. Case settled before trial.
• Restaurant Group v. National Insurance Company Federal District Court ( Pittsburgh , Pa.) Assisted with drafting successful motion for summary judgment on behalf of insurer in civil suit brought by insured for insurance coverage for underlying class action based upon the Fair and Accurate Credit Transactions Act (FACTA).
• Smith v. National Life Insurance Company Federal District Court (Pittsburgh , Pa. ) Assisted lead trial counsel with obtaining defense verdict and winning counterclaim, including an award of attorneys' fees, in a jury trial on behalf of insurer.  Plaintiff brought a civil suit alleging wrongful denial of life insurance benefits.  Defended and countersued on the bases of fraud and breach of contract due to plaintiff's misrepresentations regarding the status of his health.  The decision was upheld on appeal.
• ABC Company v. XYZ Company Federal District Court ( Pittsburgh , Pa. ) Assisted with representation of defendant business in civil suit brought by business competitor for trademark infringement and unfair business competition.  Case settled shortly before trial.
• Manufacturer Corp. v. Distributor Corp Federal District Court ( Pittsburgh , Pa. )  Assisted lead trial counsel in obtaining verdict in favor of company against its former distributor for trademark infringement and unfair competition.
• Widow v. ABC Life Insurance Company Federal District Court (Pittsburgh , Pa. ) Obtained  summary judgment on behalf of insurance company.  Plaintiff filed suit claiming insurer had breached life insurance policy allegedly issued to her decedent husband.  Successfully argued that no policy of insurance was ever in force between insurer and decedent husband. 
• Jones v. ABC Manufacturing Company Federal District Court (Pittsburgh , Pa. ) Assisted lead trial counsel in obtaining verdict for plaintiff injured by defective machinery during the course of his employment.
• Father and Minor Son v. XYZ Manufacturing Company ( Allegheny County , Pa. ) Assisted in defending equipment manufacturer against strict product liability claims arising from injuries to four-year old child.  Case settled before trial.

Current Employment Position(s):

Partner

Areas of Practice:

Insurance Coverage

Trademark Infringement

Unfair Business Competition

Contract Disputes

Products Liability

Personal Injury Defense

Employment Discrimination

Bar Admissions:

Pennsylvania, 1994

New Jersey, 1994

U.S. District Court Eastern District of Pennsylvania, 1994

U.S. Court of Appeals 3rd Circuit, 1995

U.S. District Court Western District of Pennsylvania, 1999

Education:

Temple University School of Law, Philadelphia, Pennsylvania, 1994
J.D.
Honors: Dean's List
Law Review: Temple International & Comparative Law Journal, 1992 - 1994

The Ohio State University, 1991
B.A. with Honors
Honors: Dean's List
Major:  Political Science
Minor:  English

Published Works:

"United Nations Peacekeeping Forces in the Balkan Wars and the Changing Role of Peacekeeping Forces in the Post-Cold War World", Temple International and Comparative Law Journal, Volume 8, Number 1, 1994

Classes/Seminars Taught:

Speaker "Document Retention and E-Discovery: Current Perspectives from the Federal and State Courts, Litigators, Consultants and In-House Counsel", 2010

Speaker "Taking the Myth Out of E-Discovery and Practical Approaches to the E-Discovery Process", 2009

Honors and Awards:

2003 Outstanding Volunteer Service Award - Sojourner House, Pittsburgh, PA

Professional Associations and Memberships:

Allegheny County Bar Association, 1999 - Present

Member

Allegheny County Bar Association, 2010 - Present

Judiciary Committee

Allegheny County Bar Association, 2005 - Present

Public Service Committee

Allegheny County Bar Association, 2008 - Present

Chair, Volunteer Recognition Event

Allegheny County Bar Association, 2010 - Present

Women in the Law Division, Executive Council

Allegheny County Bar Association, 2010 - Present

Women in the Law Division, Chair, Program Committee

Allegheny County Bar Association, 2009 - Present

Women in the Law Division,Vice Chair, Blueprints for Balance Committee

Defense Research Institute, 2007 - Present

Member

Defense Research Institute, 2009 - Present

Commercial Lit; Third Circuit Law Editor for Business Suit Newsletter

Defense Research Institute, 2009 - Present

Electronic Discovery & Insurance Law Committees

Defense Research Institute, 2010 - Present

Sharing Success Seminar Steering Committee

Defense Research Institute, 2010 - Present

Women in the Law Committee, Chair, Publications Subcommittee

Past Employment Positions:

McGuire Woods LLP (Pittsburgh, PA), Associate, 2001 - 2004

Sable Pusateri Rosen Gordon & Adams, LLC (Pittsburgh, PA), Associate, 1998 - 2001

Tannenbaum & Channin (Philadelphia, PA), Associate, 1997 - 1998

Ellsworth Wiles & Chalphin (Philadelphia, PA), Associate, 1994 - 1997

Pro Bono Activities:

Allegheny County Mortgage Foreclosure Conciliation Program

Allegheny County Child Custody Conciliation Program

Fraternities/Sororities:

Alpha Delta Pi

Birth Information:

1968, Wilmington, Ohio, United States of America