Tracey B. Scarpello

/In the news

• Law360

  French plane company escapes lawsuit in Florida courts

  A Florida appeals panel dismissed product liability claims against NP client and French airplane manufacturer Daher Aerospace, saying that the company’s ties to the state of Florida are not related to allegations in the complaint. The NP Complex Disputes litigation team was spearheaded by Long Island partner Joe Ortego, who leads the firm’s Aviation practice, Buffalo senior counsel Vivian Quinn and counsel Erik Goergen. The team also included Buffalo Complex Disputes counsel Tracey Scarpello and senior paralegal Lisa Daly, as well as eDiscovery manager Anthony Vescova and senior eDiscovery specialist Jeffrey Jarrett.

  June 4, 2025
• Law360

  7th Circuit says Wisconsin regulators have toxic dust handled

  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.
  May 27, 2021
• Law360

  Plated Sues Albertsons in Del. Claiming Post-Merger Letdown

  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.
  Sep 2, 2020
• Law360

  Bayer Ducks Suit Over Birth Control Device Defect Claims

  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.
  June 25, 2020
• Defense Research Institute

  “Ascertainability” in pharmaceutical and medical device cases

  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.
  Sep 4, 2019
• Modern Restaurant Management

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

  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.
  Aug 30, 2018
• Product Liability Law & Strategy

  Will ascertainability split finally be resolved?

  Buffalo commercial litigation partner Vivian Quinn and associate Tracey Scarpello co-authored this piece about how the federal appeals court has been divided over the significance and scope of the ascertainability requirement in litigation involving low-cost consumer goods.
  Dec 1, 2016
• Law360

  Product Liability Regulation & Legislation: Midyear Report

  Buffalo commercial litigation associate Tracey Scarpello is quoted in this piece discussing FDA labeling with regard to nutritional facts and regulations under the Food Safety Modernization Act.
  July 30, 2016
• Rochester Business Journal

  FDA takes steps to define ‘natural' on food labels

  Rochester partner Jeff LaBarge and Buffalo associate Tracey Scarpello co-authored this column on steps the Food and Drug Administration is taking to define “natural” on food labels in the changing landscape of food ingredient and production.
  Feb 12, 2016
• Product Liability Law & Strategy

  Ascertaining Potential Plaintiffs

  Buffalo Commercial Litigation partner Vivian Quinn and Buffalo Commercial Litigation associate Tracey Scarpello authored this column “ascertainability” developments to watch as the issue in all likelihood winds its way to the United States Supreme Court.
  Dec 1, 2015
• Law360

  Courts Line Up Behind 3rd Circ.'s Ascertainability Logic

  Buffalo Commercial Litigation associate Tracey Ehlers, Buffalo Commercial Litigation partner Viv Quinn, and Chicago IP Counseling & Transactions partner Janet Garetto discuss federal courts’ increased attention to the ascertainability of class members especially in the food and beverage industries where consumers do not typically retain receipts.
  July 25, 2014
• Product Liability Law & Strategy

  Food Labeling Claims: Differing Approaches

  Buffalo Products: Class Action, Trade & Industry Representation partner Viv Quinn and associate Tracey Ehlers authored this column discussing how courts are deciding whether and on what basis to certify class actions involving food and beverage products.
  June 1, 2014
• Law360

  Claims and Classes in Medical Monitoring Cases

  Buffalo partner and deputy leader of the firm’s Products: Class Action, Trade & Industry Representation practice group Viv Quinn and Buffalo Products: Class Action, Trade & Industry Representation associate Tracey Ehlers discuss the New York Court of Appeals decision in Caronia et al. v. Philip Morris USA Inc. to not adopt a new cause of action.
  Jan 22, 2014