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.


  • “‘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)

7th Circuit says Wisconsin regulators have toxic dust handled

Law360 | May 27, 2021

This article covers a court’s unanimous refusal to revive litigation claiming that client SPX Corp. contaminated Wisconsin properties, with the panel noting a lower court was correct to find the requested injunctive relief improper. Buffalo partner Vivian Quinn, Long Island partner Joe Ortego, and Buffalo counsel Laurie Bloom and Tracey Scarpello, all of the Complex Commercial Disputes group, led the successful defense of SPX.

Plated Sues Albertsons in Del. Claiming Post-Merger Letdown

Law360 | September 02, 2020

Chicago Complex Commercial Disputes partners John Ruskusky and Lisa Sullivan were mentioned in this article for representing Shareholder Representative Services LLC in a post-merger suit accusing the food and drug chain of breaches of contract, fraudulent inducement and breaches of good faith covenants. Complex Commercial Disputes counsel Tracey Scarpello in Buffalo and associate Tina Jonsson in Chicago were also part of the litigation team.

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.


Tracey B. Scarpello



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 was selected by her peers for inclusion in the The Best Lawyers in America© 2022 in the field of Product Liability Litigation - Defendants Law. She has been listed in Best Lawyers since 2021.

Tracey was recommended in The Legal 500 United States 2021 editorial for Dispute resolution - Product liability, mass tort and class action: toxic tort - defense and Industry focus - Transport: aviation and air travel - litigation and regulation

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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