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Tracey B. Scarpello



Tracey Scarpello represents companies in a wide variety of commercial and complex business disputes throughout the country. She devotes a significant amount of time defending and counseling clients involved in the aviation, food, pharmaceutical, medical device, manufacturing and health care industries and has successfully represented clients in federal and state courts.

What do you focus on?

Commercial Litigation & Regulatory Compliance

Much of my work involves defending companies in all aspects of complex and commercial litigation as well as counseling clients regarding safety and regulatory compliance, including claims regarding false labeling of products. I have successfully managed various matters involving a broad range of issues such as contract disputes, business torts and product liability matters.

Health Effects Litigation

In addition to my experience as an attorney, I have a background in science and medicine, which provides an excellent foundation for working with various product manufacturers, including pharmaceutical and medical device companies, life sciences companies as well as food manufacturers and distributors.

What do you see on the horizon?

Companies in all industries are facing new and evolving challenges both in terms of litigation and government regulation. In particular, I’ve been following the increased filing of class actions and recent regulatory activities directed at the food industry. Helping our clients develop strategies to address these issues is one of my top priorities.

Publications

  • “‘Ascertainability’ in Pharmaceutical and Medical Device Cases,” DRI For the Defense, September 2019 (co-author with V. Quinn)
  • “Ascertaining Potential Plaintiffs,” Product Liability Law & Strategy, December 2015 (co-author with V. Quinn)
  • “Food Labeling Claims: Differing Approaches,” Product Liability Law & Strategy, June 2014 (co-author with V. Quinn)
  • “Off-Label Communications: The FDA’s Proposed Approach,” Product Liability Law & Strategy, July 1, 2012 (co-author with A. Kupchyk)
  • “Overview of 2011 Food Safety Legislation,” Product Liability Law & Strategy, June 1, 2011 (co-author with V. Quinn)
  • “Recent Developments in Class Actions,” Product Liability Law & Strategy, January 1, 2011 (co-author with B. Dwyer)

Bayer Ducks Suit Over Birth Control Device Defect Claims

Law360 | June 25, 2020

This article, covering a federal judge’s dismissal of claims against NP client Bayer Corp. related to the company’s Essure birth control device, mentions Buffalo Complex Commercial Disputes partner Vivian Quinn and counsel Tracey Scarpello for representing Bayer.

“Ascertainability” in pharmaceutical and medical device cases

Defense Research Institute | September 04, 2019

Complex Commercial Disputes partner Vivian Quinn and associate Tracey Scarpello, both of the Buffalo office, co-wrote this article in the Defense Research Institute’s publication, analyzing the impact of the ascertainability requirement on pharmaceutical and medical device class actions.

According to a recent study/survey … End-of-August 2018 edition

Modern Restaurant Management | August 29, 2018

This end-of-month roundup of top restaurant news includes highlights from Nixon Peabody’s Food, Beverage & Agriculture team’s quarterly Crystal Ball outlook report. Boston Financial Restructuring and Bankruptcy partner Lee Harrington, Los Angeles Corporate partner Ellie Altshuler, Rochester Corporate partner Tyler Savage, and Buffalo Complex Commercial Disputes associate Tracey Scarpello are quoted.

Contact

Tracey B. Scarpello

Counsel

Buffalo

Phone: 716-853-8125


Fax: 866-224-4615

University at Buffalo School of Law, J.D.

Duquesne University, M.P.A.

Duquesne University, B.S., Health Sciences, magna cum laude

New York

U.S. District Court, Northern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Western District of New York

Tracey Scarpello is a graduate of the National Trial Academy held at the National Judicial College in Reno, Nevada, sponsored by the American Bar Association and the American Board of Trial Advocates. She has also been recognized by Super Lawyers as an Upstate New York Rising Star. Tracey was acknowledged for her pro bono service to the community with the Volunteer Lawyers Project Pro Bono Service Award in litigation.

Tracey Scarpello is a member of the American, New York State and Erie County bar associations and the Defense Research Institute. She is also a member of United Way's Women United Advisory Board.

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