Attorney Joseph L. Luciana, III

 

Dingess, Foster, Luciana, Davidson & Chleboski, LLP – Pittsburgh, PA

 

Mr. Luciana's practice is concentrated in the areas of litigation and counseling with emphasis on construction, construction insurance coverage and real estate. His practice also includes experience in environmental litigation, toxic tort litigation, and environmental insurance coverage actions. He has litigation experience in both federal and state courts, AAA arbitrations and administrative proceedings and hearings.

 

Construction litigation experience includes representation of owners, general contractors, construction managers, engineers, subcontractors and equipment and material suppliers in lawsuits, arbitration proceedings, lien proceedings, insurance coverage actions, administrative proceedings and mediations. Construction insurance coverage actions have involved builders risk, construction all-risk, commercial general liability, professional liability, ocean marine cargo, bridge and tunnel and excess insurance policies. Mr. Luciana's experience also includes drafting, negotiating and reviewing construction contracts, negotiating with subcontractors and material suppliers for construction project close-out, filing of mechanics' liens claims in Pennsylvania and other states, and civil litigation arising out of environmental construction work in connection with underground storage tanks. Mr. Luciana also regularly serves as an arbitrator in AAA arbitrations.

 

Environmental litigation experience includes private party and government "CERCLA" actions, underground and above-ground storage tank enforcement and cost recovery actions and defense of hazardous waste permit appeals, air and water enforcement actions and PCB and petroleum toxic tort suits.

 

Mr. Luciana has served as counsel on the following Appellate Cases:

 

Assicurazioni Generali S.P.A., v. Black & Watch Corporation, 362 F.3d 1108 (8'h Cir. 2004)
Leon Sloan, Sr. and Jimmie Lee Furby v. Department of Housing & Urban Development, et al.; 231 F.3d 10 (D.C. Cir 2000)
Thomas L. Smith and Dolores Smith v. Pauline Weaver; 445 Pa.Super. 461, 665 A.2d 1215 (1995)
Cheryl Harris v. Kellogg Brown & Root Services, Inc., No. 09-2325. In the United States Court of Appeals for the Third Circuit

 

Education

J.D., Duquesne University School of Law, 1987
Executive Comment Editor, Duquesne University Law Review

M.S., Carnegie Mellon University, 1979
Chemical Engineering

B.S., University of Pittsburgh, 1976

Court Admissions
Supreme Court of Pennsylvania
United States Supreme Court
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the District of Columbia
United States Court of Appeals for the Eighth Circuit
United States District Court for the Western District of Pennsylvania
Untied States District Court for the Eastern District of Pennsylvania
Pro hac vic admission to state and federal courts throughout the United States, including New York, California, Lousiana, West Virginia, Georgia, Missouri, Minnesota, New Jersey

Professional & Bar Association Memberships

Pennsylvania

Professional Background

Dingess, Foster, Luciana, Davidson and Chleboski, LLP, Partner (2010)
K&L Gates, LLP – Associate (1987 to1995), Partner (1995 to 2010)
Westinghouse Electric Corporation, Bettis Atomic Power Laboratory, Senior Engineer, 1979 to 1986
Responsibilities included oversight of construction and startup of advanced uranium fuels processing facility for the Naval nuclear program

 

Professional/Civic Activities

Allegheny County Bar Association
Construction Law Section, Allegheny County Bar Association – President (2008-2009), Vice-President (2007-2008), Secretary (2006-2007), Treasurer (2005-2006)
ACBA Services, Inc., Construction Dispute Resolution Group, Panel Member
American Bar Association, Construction Litigation Committee
Applied Training Resources - Board of Directors
Construction Industry Arbitrator, American Arbitration Association
North Side Christian Health Center —President, Board of Directors (2000-2009)
Pennsylvania Bar Association
Riverview Athletic Association, Board of Directors – President (2006-2008), Vice-President (2005-2006), Board Member (2003-2005)

 

Publications

"Trial Courts Split on CGL Coverage for Property Damage Arising from the Defective Work of a Subcontractor," Construction Law and Business, July/August 2001.
"First Decision of its Kind Regarding Suspension of Government Contractors," The Procurement Lawyer, Fall 2000.
"The California Supreme Court Rejects Tort Liability of a Performance Bond Surety, Construction Law and Business, Spring 2000.
"Insurance Coverage for Defective Workmanship Claims," Construction Law and Business, Winter 2000.

 

Attorney James S. Malloy

 

Dingess, Foster, Luciana, Davidson & Chleboski, LLP – Pittsburgh, PA

 

Mr. Malloy concentrates his practice in complex commercial litigation, focusing on construction claims and insurance coverage litigation. Mr. Malloy has been involved in a variety of construction projects and litigations ranging from multi-million dollar offshore oil and gas projects to large commerical projects.

 

Mr. Malloy has vast experience with insurance coverage issues relating to construction industry claims and environmental, toxic tort, and global warming liabilities. Mr. Malloy has a broad practice in representing and counseling clients in a number of state and federal court insurance coverage matters relating to commercial general liability, builders risk, and professional liability policies. He has experience with Bermuda arbitrations and has been lead trial counsel in a multi-million dollar litigation relating to insurance coverage for a product liability claim.

 

Mr. Malloy’s commercial litigation experience also includes representing clients in both state and federal courts, as well as international arbitrations, in contract actions, broker liability claims, product liability claims, construction industry disputes, and toxic tort litigation. Mr. Malloy maintains an active practice in Western Pennsylvania representing and counseling clients in all aspects of commercial and insurance litigation, including discovery, motions practice, hearings, settlement negotiations, arbitrations and trials.

Education

J.D., Duquesne University School of Law, 2002
magna cum laude; Editor-in-Chief, Duquesne University Law Review; Distinguished Student Award

B.S., Allegheny College, 1999
cum laude

Court Admissions
Pennsylvania State Courts
United States Court of Appeals for the Third
United States District Court for the Western District of Pennsylvania
Professional & Bar Association Memberships

Pennsylvania

Professional Background

Dingess, Foster, Luciana, Davidson & Chleboski LLP, 2011 - Present
K&L Gates LLP, 2002 - 2011

Professional / Civic Activities

American Bar Association, Construction Law Section
Allegheny County Bar Association

 

Publications

“Hurricanes Twin Punches Stagger But Fail to Knock Out Offshore Oil and Gas Insurers,” co-authored with Joseph L. Luciana III, The American Oil & Gas Reporter, December 2005.
“Arbitration in Dubai: New Structures and Legal Instruments,” Arbitration World, January 2009.
“Insurance Coverage for Emerging Global Warming Claims,” Insurance Coverage Alert, November 18, 2009.
“Insurance Coverage for Global Warming Liability Claims,” American Bar Association Tort Trial & Insurance Practice Law Journal, Volume 45, Spring-Summer 2010.