Attorney Profile
Michael A. Salvati
Areas of Practice
Contact Info
Overview
A litigator and legal scholar, Michael provides streamlined solutions to his casualty clients’ most complex litigation challenges. With a focus on product liability, premises liability, automobile and other personal injury claims, he provides counsel to manufacturers of consumer goods, regional and national retail chains, manufacturing facilities, restaurants/bars, commercial landowners, pharmacies and more. Michael has experience in all aspects of defense litigation, from initial claim investigation through discovery and trial. Michael has also assisted in the defense of class actions involving various subject matters, ranging from alleged product failures to data breach claims.
Michael prioritizes efficiency, achieving favorable outcomes, and ensuring the best possible results for his clients. By dissecting the key issues in litigation, he aims to avoid unnecessary complexities and legal disputes. He approaches every client matter strategically, by first assessing the case; identifying critical legal arguments; and creating a well-informed legal strategy.
An avid reader and life-long student, he keeps abreast of legal topics pertinent to his clients, so he can better understand the current legal landscape and how it may impact their cases. A prolific writer, he has published substantive articles in The Pennsylvania Lawyer, The Legal Intelligencer and Law360.
Michael’s scholarship and devotion to the law has not gone unnoticed. In 2023, he was selected to serve a five-year term on the Supreme Court of Pennsylvania’s Civil Jury Instruction Subcommittee, which drafts jury instructions used by trial judges throughout the Commonwealth of Pennsylvania.
Admitted to practice in both Pennsylvania and New Jersey, Michael is a member of the Pennsylvania, Philadelphia and New Jersey State Bar Associations. He is additionally a member of the Defense Research Institute where he has served as an editor for its Product Liability Defenses, a State-by-State Compendium.
Prior to joining the firm, Michael served as a judicial law clerk to the Honorable Timothy G. Farrell of the Superior Court of New Jersey. In that capacity, Michael managed the judge's dockets, drafted opinions and orders, and served as a mediator in Small Claims and Special Civil Part cases.
Michael earned his juris doctor at Villanova Law School, where he graduated in the top 10% of his class, was a member of the Order of the Coif, and served as an Associate Editor of the Villanova Law Review. He earned his bachelor's degree in history from Villanova University, where he graduated first in his class with a 4.0 GPA.
Michael resides in South Jersey with his wife and twin boys.
Results
Prevailed on a Motion to Dismiss in a data breach class action in the Eastern District of Pennsylvania. Sixteen named plaintiffs brought claims alleging that a hacker had accessed the personal information of over 1,000,000 individuals nationwide. We defended the debt collection company whose computer servers were compromised. Plaintiffs asserted broad and novel legal theories, including negligent failure to protect data, breach of implied contract, invasion of privacy, negligence per se, and violations of various state consumer protection laws. We successfully contested these claims, resulting in the dismissal of eight plaintiffs for lack of standing and 15 of the 17 asserted causes of action being dismissed.
Obtained a defense verdict as second chair in a federal jury trial involving an allegedly defective motorcycle that caught fire when left running contrary to instructions in the owner's manual, causing significant fire and smoke damage to the plaintiffs' residence.
Obtained a summary judgment on behalf of a janitorial franchising company, successfully arguing that it was not responsible for the rogue acts of its franchisee who allegedly stole jewelry and engaged in sexual acts while cleaning the plaintiff's office.
Obtained summary judgment on behalf of two homeowners, successfully arguing that they had no duty to prevent their general contractor from injuring his subcontractor, the plaintiff, who had fallen from a ladder on the job.
Successfully defended a retail pharmacy and its delivery driver at arbitration on an auto accident claim for which liability was uncontested. Michael obtained a limited tort finding and limited plaintiff to recovery of her unpaid medical expenses, which were minimal. The suit had initially been filed as a major jury case before being remanded to arbitration, and the award was less than 1% of plaintiff's original demand.
Obtained a dismissal on jurisdictional grounds of product liability and wrongful death claims brought against a truck dealership that was located in Ohio and that did not conduct regular business in Pennsylvania.
Obtained a summary judgment for the manufacturer of a smoker in a failure to warn claim involving an allegedly defective barbecue smoker by successfully challenging the opinions of the plaintiff's expert as speculative.
Thought Leadership
Panel Member, Nuts and Bolts of Litigation Practice Under the Fair Share Act, Pennsylvania Bar Institute, April 2016.
Litigation Pointers for Defending the Supermarket Slip and Fall Case, Liberty Mutual Insurance, February 2015
"Pa. Supreme Court Must Defend Established Venue Standard," Law360, February 17, 2023
"A Two-Pronged Test Becomes One - Why the Superior Court's Venue Decision in Hangey Departs From Decades of Prior Precedent," The Pennsylvania Lawyer, January/February 2023
"After 'Tincher,' Evidence of Industry Standards Should be Admissible in PI Litigation," The Legal Intelligencer, Personal Injury Supplement, November 5, 2021
“There’s No Turning Back Now: Product Liability Jury Instructions in the Wake of Tincher v. Omega Flex,” Defense Digest, Vol. 24, No. 2, June 2018
"There’s No Place Like “Home”: Challenging General Jurisdiction When an LLC Is a Citizen of the Forum State," Defense Digest, Vol. 23, No. 2, June 2017
“Pennsylvania’s Fair Share Act: Practical Pointers for Litigators,” Defense Digest, Vol. 20, No. 2, June 2014, co-author
"'A Titanic Decision': Pa. Supreme Court's Ruling Makes Venue Challenges Harder," The Legal Intelligencer, November 29, 2023