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.
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.
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.
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.
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.
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.
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.
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.
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.
Food, Beverage & Agribusiness Newsletter | 04.15.21
Food, Beverage & Agribusiness Alert | 10.22.20
Food, Beverage & Agribusiness Alert | 01.02.20
Food, Beverage & Agribusiness Alert | 10.28.19
Food, Beverage & Agribusiness Alert | 08.06.19
Food, Beverage & Agribusiness Alert | 01.02.19
Food, Beverage & Agriculture Alert | 12.20.18
University at Buffalo School of Law, J.D.
Duquesne University, M.P.A.
Duquesne University, B.S., Health Sciences, magna cum laude
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© 2021 in the field of Product Liability Litigation - Defendants Law.
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.