Attorney Profiles
J. Andrew Salemme
Phone
asalemme@tuckerlaw.com
Vcard
Practice Areas
- Bankruptcy & Creditors’ Rights
- Commercial Litigation
- Fiduciary Services & Risk Management
- Criminal/Civil Appellate Litigation
- Federal & State Post-Conviction Relief Litigation
- Appellate Practice
Court Admissions
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court of North Dakota
- Third Circuit Court of Appeals
Bar Admissions
- Pennsylvania
Education
- Duquesne University School of Law (JD, cum laude)
Associate Comment Editor of the Duquesne Law Review - Susquehanna University (BA, magna cum laude)
Representative Matters
- Successfully litigated the cases of Kingdom Vapor et al v. Pennsylvania Dept. of Revenue et al and East Coast Vapor, LLC v. Pennsylvania Dept. of Revenue et al, resulting in a published decision in favor of his clients by the Commonwealth Court that significantly altered application of state tax law for e-cigarette wholesalers and retailers.
- Obtained a tax refund of over $75,000 for a small business before the Department of Revenue.
- Successfully resolved a tax refund appeal before the Commonwealth Court and secured an approximate $50,000 tax refund settlement for a small business.
- Obtained the grant of summary judgment for an out-of-state e-cigarette business in a products liability action.
- Successfully represented a municipality in multiple appeals before the Commonwealth Court.
- One of the principal drafters of the successful appellate brief in Pennsylvania Physical Therapy Association and Waterford Physical Therapy, Inc. v. Oleksiak, 2021 WL 478064.
- Part of the successful litigation team representing a local utility in complex litigation over the ownership of underground vaults before the trial court and on appeal to the Superior Court.
- Resolved a business licensing dispute, and helped to secure client’s business licenses so that client could remain open while litigating a tax appeal.
- Part of a successful litigation team representing a local business before the Third Circuit Court of Appeals.
- Successfully sought permission from the Third Circuit Court of Appeals to file a successive federal habeas petition.
- Worked with the successful appellate team for an international celebrity, in a case before the Supreme Court of Pennsylvania.
- Part of successful appellate team resulting in new trial for individual convicted of Pennsylvania firearms violation.
- Part of successful appellate team resulting in remand in State post-conviction proceeding related to claims of ineffectiveness of prior post-conviction counsel.
- Successfully negotiated stipulation of discontinuance/dismissal for two clients in products liability action.
Presentations & Publications
- Guilty Until Proven Innocent: A Practitioner’s and Judge’s Guide to the Post-Conviction Relief Act, Author.
- “Post Conviction Relief Act”, Presented to SCI-Benner, 2018.
- “Birchfield v. North Dakota”, Continuing Legal Education Program, Co-presenter, January 2017.
- “Post Conviction Relief Act Procedure in the Court of Common Pleas”, Continuing Legal Education Program, Presenter, September 2015.
- “Mandatories, Drugs, Sex, but Not Rock ‘n Roll”, Continuing Legal Education Program, Co-presenter, January 2015.
Shareholder
J. Andrew Salemme
A zealous and aggressive advocate representing individuals, small businesses and other entities in complex state and federal litigation from pre-trial through appeal.
Andrew concentrates his practice in complex business litigation, civil and criminal appeals, post-conviction matters, and representing vaping businesses in tax and product liability matters. He has represented clients in Allegheny, Armstrong, Beaver, Butler, Cambria, Centre, Clarion, Fayette, Jefferson, Philadelphia, Venango, Washington, and York Counties as well as in the District of North Dakota, and the federal Western District of Pennsylvania. Andrew has also defended individuals prosecuted by the United States Attorney’s Office, the State Attorney General’s Office and District Attorney’s Offices throughout the Commonwealth of Pennsylvania. He has argued cases before all of the Pennsylvania state appellate courts and has litigated cases pro hac vice in the Middle District of Pennsylvania and New York. He also regularly represents clients before the Pennsylvania Department of Revenue’s Board of Appeals and Board of Finance and Revenue.
His representation includes:
- Complex civil litigation in State and Federal Court;
- The representation of individuals and entities in civil and criminal appeals;
- The representation of small businesses in tax appeals before the Board of Appeals, Board of Finance and Revenue and Commonwealth Court;
- State PCRA and Federal Habeas post-conviction relief actions;
- Representing plaintiffs and defendants in Federal civil rights litigation under § 1983;
- Providing legal research and writing services in complex ERISA litigation as part of Tucker Arensberg’s ERISA withdrawal liability team, which represents multiemployer pension funds in withdrawal liability cases in arbitrations and district courts throughout the United States.
Andrew was the first-place winner of the NRA civil rights defense fund law student writing contest. Following graduation from law school, he clerked for the Court of Common Pleas of Washington County before joining the Pennsylvania Superior Court where he worked for the Honorable Mary Jane Bowes. While working for the Superior Court, Andrew provided legal research and writing assistance in a wide variety of civil and criminal cases and assisted in the drafting of over six hundred decisions, including over 70 published cases. In addition, during his time at the Superior Court, he assisted in drafting and revising the Superior Court’s wiretap internal operating procedures.