Cases
Louisiana Manufacturing Company (Patentee) v. Pittsburgh Manufacturing Company of Industrial Products – Federal Court (Party names
case location redacted due to confidentiality agreement) Successfully defended Pittsburgh Manufacturer in lengthy
complex patent infringement litigation including a counterclaim for patent invalidity
various business torts.University of Pittsburgh v. [Redacted due to confidentiality] Medical Systems, Inc. – Federal District Court (Pittsburgh, Pa.) Represented Defendant, a Silicon Valley manufacturer of large medical radiation delivery devices, as lead trial counsel for several years against claims of patent infringement
in support of claims of patent invalidity
tried three one week, “single issue” jury trials in four months in front of the same Judge
Jury. Following Appeal to the United States Court of Appeals for the Federal Circuit, the matter was confidentially settled. It was one of the largest patent cases ever tried in the USDC for the WDPA (Pittsburgh).CNX Gas Corporation v. CDX Gas LLC – Federal District Court (Pittsburgh, Pa.) Defended gas exploration company CDX against declaratory judgment claims that sought to invalidate their patents
brought counterclaims of patent infringement against Plaintiff CNX. After claim construction
just prior to trial, the parties reached an amicable settlement wherein, inter alia, Plaintiff acknowledged the validity of the subject patents. Additional settlement terms are confidential.Sherwin Williams v. PPG Industries – Federal District Court (Pittsburgh, Pa.) Presided over much of this complex Patent Infringement lawsuit as Federal Court appointed Special Master to make Reports
Recommendations to the court on important issues relating to infringement, validity, summary judgment, jury instructions, voir dire
other discovery, pre-trial
trial issues.Rice Drilling B, LLC (Rice Energy LP Now EQT) v. International Assets Advisory, LLC et al. – State Court (Washington County, Pa.) Represented Rice in filing
prosecuting declaratory judgment action against various financial brokers relating to high level venture funding of Rice
claims brought against client for large brokerage fees
other damages.Prominent GmbH et al. v. Prominent Systems, Inc. et al. – Federal District Court (Pittsburgh, Pa.) Successfully represented Defendant Prominent Systems in a trademark infringement
unfair competition action brought by Prominent GmbH,
achieved summary judgment
complete dismissal of the case in favor of client after protracted litigation.Cutsforth, Inc. v. Lemm Liquidating Company, LLC et al. – Federal District Court (Pittsburgh, Pa.) Served as Local Co-Counsel with large national patent law firm in representing Plaintiff in this patent infringement lawsuit. Case was settled after lengthy litigation.MHF Logistical Solutions, Inc. v. ICE Services Group, Inc. – Federal District Court (Pittsburgh, Pa.) Represented Defendant against claims of misappropriation of trade secrets, intentional interference with business relations, breach of contract
equitable injunctive relief. After brief litigation, assisted the parties in reaching an amicable business settlement with no payment of money by client to plaintiff.Modular International, Inc. v. RSA Lighting LLC
Cooper Lighting, Inc. – Federal District Court (Pittsburgh, Pa.) Represented Plaintiff in bringing patent infringement claims against defendants. After substantial litigation, but prior to claim construction, the parties reached an amicable settlement including a royalty payment to client by defendant.Evans v. Callister Strategic Communications, LLC – Federal District Court (Pittsburgh, Pa.) Represented Defendant in defense of this copyright infringement action which was successfully resolved.Haynes International, Inc. v. Special Metals Corporation – Federal District Court (Pittsburgh, Pa.) Represented Defendant against claims of trademark infringement
other Lanham Act claims. Prior to trial, the parties reached an amicable settlement, the terms of which are confidential.Voice Signal Technologies v. Nuance Communications, Inc. – Federal District Court (Pittsburgh, Pa.) Represented Plaintiff in bringing claims of patent infringement. The lawsuit was settled when the defendant corporation acquired the plaintiff corporation
effectuated a business settlement of the litigation.German Manufacturer v. American Seller of Commercial Light Fixtures (names protected) – Federal District Court (Pittsburgh, Pa.) Defended American seller of sophisticated commercial light fixtures against claims of copyright, trademark
trade dress infringement. Defense was based on lack of confusion in the relevant marketplace
on theory that Plaintiff’s copyrights were invalid. A non-monetary business settlement was reached quickly after these defenses were raised
pled.Import/Export Company v. National Department Stores (names protected) – Federal District Court (Pittsburgh, Pa.) Defended a Fortune 500 company against claims of copyright
trademark infringement, trademark dilution, Lanham Act violations
unfair trade practices, by asserting ownership rights to design drawings
3-dimensional novelty gift items which were manufactured in Asia
purchased by our client for resale in the United States. Following extensive discovery
our filing of a Motion for Summary Judgment, plaintiff voluntarily dismissed all claims.Mitel Corporation
Mitel, Inc. v. Hope Telecom, Inc. – Federal District Court (Pittsburgh, Pa.) Successfully defended
settled claims for damages
injunctive relief brought by designer
manufacturer of networked communications systems
related software against defendant which was alleged to have modified
sold the protected hardware
software. The copyright
trademark claims were brought pursuant to federal statute
common law
plaintiff brought claims pursuant to the Federal Trademark Dilution Act
claims under the Digital Millennium Copyright Act. A complex settlement involving some injunctive relief was obtained with help of mediation provided through the federal courts.Tivi BV . v. U.S. Tech.
Sportstech – Federal District Court (Seattle, Wa.)
Hong Kong – Represented plaintiff, a Dutch Corporation, which owned the exclusive rights
license to the “total image” of one of the world’s foremost tennis superstars. Brought claims against defendant for breach of endorsement contracts, unjust enrichment,
various other business torts. This complex commercial case involved international tax
licensing issues,
issues related to a piercing of the defendant’s corporate veil. Obtained favorable settlement on behalf of plaintiff with payment of proceeds coming in part, from principals of defendant corporation.American Atlas Corporation v. Allegheny County Industrial Development Authority – Federal District Court (Pittsburgh, Pa.) Obtained summary judgment on behalf of defendant in multi-million dollar breach of contract
tort action. Plaintiff alleged that it was the successful low bidder on a large environmental remediation
construction project
brought claims against the defendant alleging a failure to award the bid to the lowest responsible bidder. Plaintiff sought $26 million in compensatory damages
asked for punitive damages. On our motion, summary judgment was obtained on behalf of the defendant
the District Court’s ruling was upheld by the United States Circuit Court of Appeals
certiorari petition to the United States Supreme Court was denied. H
led the prosecution of the underlying claims
all appellate claims arising therefrom.Robert B. Witt v. Allegheny Power Systems, Sprint PCS
Bechtel Group, Inc. – Allegheny County (Pittsburgh, Pa.) Represented defendants in equity action, wherein plaintiff sought both emergency
permanent injunctive relief against defendants for alleged violations of a right-of-way agreement that ran over
across the l
owned by the plaintiff. Defendant power company had an easement over plaintiff’s property
following brief, but intensive litigation, a creative
low cost settlement was obtained which allowed telecommunications equipment
antennae to be added on to an existing power company transmission line tower.Corporation Information Systems, Inc. t/d/b/a Ciscorp v. Timothy Pribanic – Allegheny County (Pittsburgh, Pa.) Represented plaintiff in prosecuting claims against defendant for breach of contract including claims for violation of restrictive covenants, non-compete agreements
failure to return privileged
confidential information
documents. Claims were brought at law
in equity. Obtained injunctive
declaratory relief,
a favorable financial settlement on behalf of client.Louis Coccoli, et al. v. Allegheny County Airport Authority – Allegheny County (Pittsburgh, Pa.) Defended three lawsuits filed against large municipal authority, which lawsuits challenged the legality
formation of the defendant Authority
sought emergency
permanent injunctive relief. After filing motions to dismiss
supportive briefs, all claims against our client were withdrawn/dismissed.Bizmart, Inc. v. Facility Construction Management (FCMI), Inc. v. Towlift, Inc. Defended FCMI against breach of contract
breach of warranty complaint for alleged faulty concrete construction in the pouring
leveling of a super-flat floor in a large, high tech warehouse operation.Represented Amazon Store Sellers in defending claims of unfair competition, patent infringement, trademark infringement
counterfeiting in Federal District Court.Leach v. Northwestern Mutual Life Insurance Company Federal District Court (Pittsburgh, Pa.) Obtained defense verdict for Northwestern Mutual after ten day jury trial on plaintiff’s claims for in excess of $1 million long term disability benefits with summary judgment having already been granted dismissing plaintiff’s claim of insurer bad faith. Also obtained jury verdict against plaintiff on client insurer’s counterclaim for breach of contract, fraud
unjust enrichment. Attorneys’ fees were awarded to client for total counterclaim award against plaintiff of over $525,000. Verdict was upheld on appeal to the Third Circuit Court of Appeals. H
led both trial
appeal.American Insurance Company v. Brokerage Firm et. al. v. National Insurance Company (names protected) – Allegheny County (Pittsburgh, Pa.) Successfully represented plaintiff insurance company in declaratory judgment action against named insured brokerage firms, numerous individual brokers
National Insurance Co., seeking declaration of no coverage for claims submitted by the brokers due to lawsuits filed by National Insurance Co. against the brokers for breach of contract
violation of non-compete
brokerage agreements.Jones v. ABC National Insurance Co. (names protected by confidentiality agreement) – Federal District Court (Pittsburgh, Pa.) Plaintiff, an employee of a large insured corporation, brought claims of bad faith against his employer’s insurer. He sought recovery of punitive damages
counsel fees citing the failure of the insurer to make any settlement offer prior to uninsured motorist arbitration as evidence of bad faith under Pennsylvania law. The arbitration had resulted in a policy limits ($500,000) award to plaintiff. Utilizing ERISA
other federal law preemption defenses, we successfully defended a near certain liability case
achieved a very modest settlement.Ray v. Armstrong Developers, et al. – Allegheny County (Pittsburgh, Pa.) Plaintiff brought premises liability claims for alleged brain injury she sustained when she collided with large glass wall on commercial premises. Obtained defense jury verdict following trial on behalf of defendant.American States Insurance, et al. v. Pennsylvania Insurance Guaranty Association, et al. – Armstrong County (Kittanning, Pa.) Obtained summary judgment on behalf of defendant Association in this declaratory judgment action wherein plaintiff excess insurance company claimed that defendants breached their duty to defend an underlying insured,
failed to make indemnity payments to that insured. Claims were brought in breach of contract
bad faith. The decision was upheld on appeal.Norma Vaglio-Lauren v. Pioneer Hose Co. No. 1 of Brackenridge Borough – Allegheny County (Pittsburgh, Pa.) Obtained summary judgment in two wrongful death
survival actions which brought dram shop
other tort claims against volunteer fire company which owned
operated a social club serving alcohol. Successfully applied Pennsylvania law granting immunity to volunteer fire companies
obtained summary judgment on behalf of all defendants.Blake v. George P. Bohach, Esquire,
Law Offices of Delamater, Haag & Bohach – Hancock County (Wheeling) Defended claims of professional (legal) malpractice brought by plaintiff pursuant to an alleged failure of defendants to file a lawsuit prior to the expiration of the applicable statute of limitations. Obtained a relatively modest settlement in a near-certain liability action in the panh
le area, which is known for large jury verdicts.Industrial Risk Insurers as Subrogee for Neville Chemical Co. v. Minnotte Contracting Corp. – Allegheny County (Pittsburgh, Pa.) Represented plaintiff in subrogation action following the explosion of a large industrial facility
their payment on the property damage claims. Obtained substantial settlement on behalf of plaintiff insurer prior to trial.Security Insurance Co. of Hartford v. Robert L. Snyder
Jessie M. Snyder
AHRS Coal Corp. v. Commonwealth of Pennsylvania, Department of Environmental Resources – Environmental Hearing Board (Pittsburgh, Pa.) Represented insurance company as issuer of environmental remediation bonds. Pennsylvania’s Department of Environmental Resources had forfeited numerous bonds pursuant to the coal mine operators’ failure to properly remediate
reclaim strip-mining areas in Western Pennsylvania. On behalf of the insurance company, successfully overturned a majority of the forfeitures, saving the insurance company large sums of money that would otherwise have been paid on these forfeited bonds. Complex case involved 10 years of litigation before the Environmental Hearing Board
various Pennsylvania trial level
appellate courts.Smith v. ABC Accounting Firm – Allegheny County (Pittsburgh, Pa.) – (actual names protected by confidentiality agreement) Defended professional negligence
breach of contract claims brought against regional accounting firm. Obtained complete withdrawal/dismissal of all claims just prior to trial.Rodgers v. Jones, M.D. Crawford County – (Meadville, Pa.) (actual names protected) Defended medical negligence
lack of informed consent claims against plastic surgeon at trial
obtained defense verdict on behalf of client after jury trial.ABC Corporation v. National Insurer (Names protected) – Federal District Court (Pittsburgh, Pa.) Represented an insured corporation in seeking reversal of denial of coverage
defense by defendant’s insurer following submission of claims by defendant for advertising injury coverage. Our client was sued for trademark
copyright infringement
Lanham Act claims,
our client’s insurer denied both defense
indemnity, citing exclusions to the advertising injury insuring provisions. We brought claims against the insurer seeking defense
indemnification in the underlying lawsuit
were successful in overturning the insurer’s initial denial of both defense
indemnity.Wolf v. Bankers Life
Casualty Co. – State Court (Lancaster, Pa.) Defended Bankers Life against claims of breach of contract, insurance bad faith
unfair trade practices. Following a bench trial, the judge awarded plaintiff $1.4 million. During the course of our appeal from the adverse verdict
award, the matter was settled on terms far more favorable than the verdict to my client.Sciotto v. Lamar Life Insurance Company Delaware County State Court (Media, Pa.) Obtained defense verdict in bench trial on behalf of defendant excess insurer. Plaintiff, a high level quadriplegic had obtained a large personal injury settlement in an underlying action
then sought to compel the client excess insurer to drop down into a primary insurer role
pay to plaintiff amounts that plaintiff had lost from the settlement due to a large insurer subrogation claim. With no Pennsylvania case law on point, the case was tried to a defense verdict in favor of client.Beck v. Lomas Mortgage USA, et al. – Allegheny County (Pittsburgh, Pa.) Plaintiff brought breach of contract
bad faith claims pursuant to a mortgage life insurance policy sold to plaintiff’s decedent. Obtained summary judgment on behalf of all defendants.National Fidelity Life Insurance Co. v. Equibank, Merrill Lynch, Manhattan Life Insurance
Max Gomberg – Allegheny County (Pittsburgh, Pa.) Represented plaintiff life insurance company in complex commercial litigation prosecuting claims for fraud, embezzlement, breach of contract
banking related claims involving fraudulent endorsement issues. Obtained large settlement on behalf of plaintiff against the defendants.Jones v. ABC Life Assurance Company (names protected) – Allegheny County (Pittsburgh, Pa.) Represented defendant life insurance company in civil suit brought by plaintiff alleging wrongful denial of life insurance benefits. Defense was based on alleged misrepresentations by plaintiff’s decedent in medical section of life insurance application. Favorable settlement obtained after deposition of plaintiff wherein proof of misrepresentations was obtained. Issue of materiality would have remained for trial, but settlement was obtained prior to trial.XYZ Life
Casualty Company v. Smith (names protected) – Federal District Court (Erie, Pa.) Represented plaintiff life insurance company in prosecuting claims against numerous agents for breach of agency agreement provisions relating to non-competition
non-disclosure of proprietary, confidential information. Obtained cash settlement from defendants
extension of restrictive covenants for time period commensurate with duration of violations. Extension of restrictive covenant time periods entered as court order by district court along with liquidated damages provision in the event of future violations.Galloway v. Beckwith Machinery
Caterpillar, Inc. – Allegheny County (Pittsburgh, Pa.) Successfully defended Beckwith Machinery through jury trial against strict products liability claims brought by plaintiff. Plaintiff claimed serious brain injury resulting from an alleged design
manufacturing defect in a forklift truck, which had been modified
sold by defendant Beckwith. Plaintiff dem
ed $7,000,000 for settlement. Jury returned a defense verdict.Gallo v. General Motors Corp. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed unwanted, sudden acceleration of the subject vehicle causing personal injury
property damage. Successfully defended case for General Motors on behalf of client
obtained defense verdict after jury trial.Bayani v. Connors Footwear, Inc. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed serious orthopedic injury (trimalleolar fracture of ankle) due to defectively designed clog shoe which allegedly collapsed while she was walking down steps. Obtained defense verdict on behalf of client manufacturer after jury trial.Kaczor v. Icon Health
Fitness, Inc. – Federal District Court (Pittsburgh, Pa.) Successfully defended manufacturer of exercise treadmill against claims that an electrical malfunction caused a fire
extensive property damage. Defense verdict obtained on behalf of client at jury trial after prevailing on Daubert motion ruled upon during trial, to strike one of plaintiff’s liability experts.Laughery v. Komline-S
erson Engineering Corp.
Perry Machinery Corp. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed serious bodily injury when his arm was crushed in a large industrial water filtration device. Plaintiff brought strict products liability
negligence claims involving an alleged failure to properly guard the subject machine. Case settled prior to jury selection.White v. Manufacturer, Inc.
Equipment, Inc. (actual names protected) – Allegheny County (Pittsburgh, Pa.) Plaintiff, an airplane pilot, claimed total disability from injuries sustained in an alleged collapse of a home exercise weight-lifting unit. Favorable settlement obtained after successful discovery on damage
medical causation issues.Pfab v. Fruehauf Trailers, Inc.
Monsanto, Inc. – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed injury from an alleged product defect in the crank gears used to raise
lower the trailer when disengaged from the tractor. “Nominal” settlement obtained on behalf of defendant Fruehauf.Scherer v. Bitting Recreation, Inc.
Gametime, Inc. – Washington County (Washington, Pa.) Minor plaintiff brought personal injury claims of product liability against manufacturer of swing set chains
S-hooks. Obtained defense verdict on behalf of designer
manufacturer after jury trial.Webb v. Suzuki Motor Corporation – Allegheny County (Pittsburgh, Pa.) Plaintiff claimed massive injuries as a result of alleged vehicle rollover. Case settled prior to jury selection.Smith v. DeMaco Machine Corporation
Maldari & Sons, Inc. – Allegheny County (Pittsburgh, Pa.) Successfully defended product liability claims against the defendants wherein plaintiff alleged amputation of part of his foot pursuant to an alleged defect in pasta making equipment. Obtained a “nominal” settlement on behalf of defendant DeMaco just prior to the selection of a jury.Reha v. K.S. Wholesalers of America, Inc., Toyotomi USA, Inc.
Kero-sun, Inc. – Greene County (Waynesburg, Pa.) Defended Japanese manufacturer
American supplier of kerosene heaters. Plaintiffs brought bodily injury
property damage claims arising out of a fire which burned
injured various members of two families living in a duplex house in rural Greene County . Plaintiffs alleged product defect in design
manufacture,
negligence in failure to warn. Obtained defense verdict on behalf of all defendants following jury trial.Saunders v. Coburn Optical Industries, Inc., Sola Optical USA, Inc.
Pilkington Vision Care, Inc. – Federal District Court (Erie, Pa.) Obtained summary judgment on behalf of all defendants on claims brought by plaintiff of design
manufacturing defect in eyeglasses which shattered when plaintiff was assaulted by a psychiatric patient at a mental hospital. Plaintiff lost vision in one eye completely,
partially lost vision in the other eye. Plaintiff sought millions of dollars in damages. Summary judgment granted pursuant to our motion.Beronilla v. Kawasaki Motors Manufacturing Corporation USA – Allegheny County (Pittsburgh, Pa.) Plaintiff brought strict product liability claims of design
manufacturing defect
claims of negligence seeking damages for personal injuries sustained in a motorcycle crash. Obtained summary judgment on behalf of defendant Kawasaki after filing of motion prior to trial.Pacek v. County of Allegheny, et al. – Federal District Court (Pittsburgh, Pa.) Plaintiff brought constitutional civil rights claims alleging false arrest, false imprisonment,
malicious prosecution. Plaintiff had been convicted by a jury in 1958 on charges of rape
murder, but claimed that he was framed. Plaintiff was pardoned by the Governor in 1991, which triggered a two-year statute of limitations period,
allowed the filing of the lawsuit. Obtained summary judgment for defendants on all claims in this newsworthy case with novel
complex legal issues. The underlying facts of the case are chronicled in the book Fall Guys – False Confessions
the Politics of Murder (Author Jim Fisher
published by Southern Illinois University Press – 1996).Day v. County of Allegheny, et al. – Federal Court (Pittsburgh, Pa.) Plaintiff brought civil rights claims alleging false arrest, false imprisonment
other 1983 claims under the United States Constitution
various claims under state law. Obtained defense verdict on behalf of all defendants after lengthy jury trial.Barnhart v. Allegheny County Prison Board, et al. – Federal District Court (Pittsburgh, Pa.) Plaintiff brought constitutional civil rights claims against municipal
individual defendants alleging a policy, practice, procedure
custom of brutality by corrections officers at the Allegheny County Jail. Obtained a defense verdict on behalf of all defendants following a jury trial.McDonald v. National Restaurant Chain (names protected by confidentiality agreement). – Federal District Court (Pittsburgh, Pa.) Plaintiff brought claims of sexual harassment
violations of civil rights. Obtained dismissal of all claims on behalf of defendant
against plaintiff.Beatty v. County of Allegheny, et al. – Federal District Court (Pittsburgh, Pa.) Obtained dismissal of plaintiff’s claims on behalf of all defendants following the filing of various motions for sanctions for failure of plaintiff to respond to discovery
/or to prosecute the action. Plaintiff, a municipal police chief, brought constitutional civil rights claims against county
individual defendants alleging false arrest
malicious prosecution as a result of charges brought against him by the county district attorney.
