Salvatore Clemente’s 20-year litigation practice has attracted clients in Pennsylvania, New Jersey, Ohio, Massachusetts, Kentucky, Connecticut, Colorado, Rhode Island, Virginia, West Virginia, Maryland, Nevada, Utah, Washington D.C., California, Washington and Missouri. Seeking common-sense early resolution in every lawsuit, he has successfully mediated countless cases at all stages of litigation, and when resolution is not feasible, clients are in experienced hands. In addition to bringing matters to verdict, Sal has successful appellate experience in multiple circuit courts. He has numerous reported decisions in state and federal courts and is regularly selected as a neutral arbitrator.

Sal represents clients in the areas of ERISA and non-ERISA employee benefits, individual and group life and disability, bad faith, insurance coverage, commercial and transportation litigation. His experience includes representing business entities in contracts, secured transactions, criminal forfeiture, collections, landowner disputes and real property transactions. He also represents governmental subdivisions as a consultant and litigator in a number of contract and tort matters. Sal has tried individual disability, bad faith and catastrophic tractor trailer accidents to verdict and has litigated demutualization, individual and ERISA life, and disability lawsuits.

Additionally, Sal has managed investigations and litigation involving bribery, money laundering, conspiracy and corruption related to life insurance policies, policy loans, fraudulent tax returns, fraudulent bank loan applications and RICO. He has litigated various types of financial services transactions and FINRA compliance. Sal has coordinated with state and federal government representatives in such matters for more than nine years and has successfully represented elected officials in civil matters alleging conspiracy, fraud and other claims.

Sal has provided insurance coverage advice to his insurer and policyholder clients on issues arising under multiple types of contracts and insurance policies, including commercial policies, general liability, professional liability and excess/umbrella liability policies. He also has experience in reinsurance treaties and arbitrations. Sal regularly presents to legal, claims and underwriting professionals, and his knowledge gained as a claims professional brings a comprehensive understanding of the insurance industry’s underwriting and claims practices in addition to extensive experience in investigating and managing claims for various insurers in Pennsylvania, New Jersey and Delaware.

Areas of Focus

Life/Disability
Sal has successfully defended clients against allegations of unfair insurance practices, consumer fraud, unfair trade practices, ERISA, breach of fiduciary duty and breach of contract.  Sal has also successfully pursued rescissions including stranger owned life insurance,  obtaining damages for his clients in addition to successfully having clients’ fees and costs reimbursed in interpleaders. In addition to bringing matters to successful verdicts, Sal, in the defense of his client’s, has argued before the Third and Sixth Circuits, in addition to drafting and presenting numerous winning dispositive motions in these areas at the trial court level.  

Bad Faith & Insurance
Sal’s practice includes a successful track record of having bad faith claims dismissed during motion practice at all stages of litigation. Clients have enjoyed his track record in cases alleging bad faith, which has become pro forma in any insurance denial, by providing the experience to maintain a dynamic defense to such claims. Drawing on his years of experience in insurance adjusting and coverage matters, Sal brings a unique hands-on perspective to interpreting insurance contracts for coverage, helping to mitigate the high-dollar exposure disputes that often accompany them. Sal also represents businesses and insurers in a variety of commercial disputes, including claims of unfair business practices, unfair trade practices, restitution, franchise agreements,real estate and various other contractual disputes.

Transportation
Sal has investigated, tried and defended a number of catastrophic injury and death tractor-trailer cases involving toxic exposure, hazardous products and personal injury, some through verdict. As a member of the firm’s 24-hour emergency response team, he travels to accident scenes to investigate and represent drivers before authorities. Sal also is experienced in managing extensive investigations, detailed discovery and many different types of experts in the fields of police procedures, bio-mechanics, all the various medical specialties, employability, life care, economics and more.

Professional Liability 
Sal’s practice includes experience in employment practices, agents and brokers, education, and issues involving directors and officers, errors and omissions and litigation of construction accidents, construction defect and coverage.

    Education

    • Widener University School of Law (J.D.)
    • Rutgers University (B.A.)

    Bar Admissions

    • Pennsylvania
    • New Jersey

    Court Admissions

    • Supreme Court of the United States
    • U.S. Court of Appeals, Third Circuit
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, District of Colorado
    • U.S. District Court, Southern District of Indiana
    • U.S. District Court, District of New Jersey
    • U.S. District Court, Southern District of Ohio
    • U.S. District Court, Northern District of Ohio
    • U.S. District Court, Eastern District of Pennsylvania
    • U.S. District Court, Middle District of Pennsylvania
    • U.S. District Court, Western District of Pennsylvania
    • U.S. District Court, Northern District of Texas

    Professional Affiliations

    • Philadelphia Bar Association

    Languages

    • Italian

Salvatore A. Clemente

Marck and Clemente Secure Third Circuit Affirmance of Summary Judgment for Trucking Broker Client

Philadelphia partners Dylan M. Marck and Salvatore A. Clemente secured a decision by the Third Circuit Court of Appeals affirming summary judgment by the U.S. District Court, Middle District of Pennsylvania, in favor of Wilson Elser’s client, a Canadian trucking broker. The case involved a collision that occurred when a tractor-trailer struck a vehicle that was disabled by a collision with a deer, ultimately resulting in the deaths of two minors. In addition to the firm’s broker client, the plaintiff also brought claims against a Canadian motor carrier and an American shipper.

The plaintiff implemented an escalating settlement demand strategy under which a demand of $17.5 million automatically increased by $250,0000 per month, bringing the demand to $25.5 million at the time of the Third Circuit’s decision. Rather than relying on the tenuous Federal Aviation Administration Authorization Act preemption theory recently rejected by the U.S. Supreme Court in Montgomery v. Caribe Transport II, LLC et al., Dylan and Sal argued that the record contained no evidence supporting the plaintiff’s claims that our broker client functioned as a motor carrier, participated in a joint venture with the motor carrier and shipper, was vicariously liable for the acts of the actual motor carrier and driver, or that it negligently selected, hired, retained, and/or entrusted the motor carrier and driver. The plaintiff also filed competing partial motions for summary judgment. After extensive and protracted briefing, Chief Judge Matthew W. Brann granted partial summary judgment in favor of the broker, reserving decision on the remaining negligent entrustment claim pending resolution of Daubert motions. Following the Daubert briefing, Chief Judge Brann excluded a substantial majority of the plaintiff’s direct negligence expert’s opinions and, on February 1, 2024, entered full summary judgment in favor of Wilson Elser’s broker client. Following the plaintiff’s appeal to the Third Circuit, Senior Judge McKee authored the panel’s May 26, 2026, opinion, unanimously affirming the District Court’s grant of full summary judgment.

Dylan M. Marck and Salvatore A. Clemente

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