Introduction
Vivian Quinn is experienced in all aspects of civil litigation with primary emphasis on managing national and regional engagements. She has exceptional case management skills, and provides critical coordination and communication on complex matters.
My focus
I devote a significant amount of time defending food, pharma and medical device companies as well as counseling clients regarding safety and regulatory compliance. My background in mathematics, science, psychology and law combine to provide clients with the best possible representation in matters related to these fields.
Looking ahead
I have been following developments regarding economic damage class actions (primarily in the food industry) and will be helping clients fine tune defense strategies in this arena.
/Insights
- “‘Ascertainability’ in Pharmaceutical and Medical Device Cases” (with T. Scarpello), DRI For the Defense, September 2019
- “Change is Coming in ‘Healthy’ Food Labeling Requirements” (with B. Dwyer), LJN Law and Strategy, July 2017.
- “Why the Rise of Ascertainability Signals the Fall of ‘All Natural’ Consumer Class Actions” (with A. Galdieri), LJN Law and Strategy, January 2015.
- “Food Labeling Claims: Differing Approaches” (with T. Ehlers), Product Liability Law & Strategy, June 2014.
- “International Cooperation in the Regulation of Nanotechnology” (with B. Dwyer), Product Liability Law and Strategy, January 2013.
- “Overview of 2011 Food Safety Legislation” (with T. Ehlers), Product Liability Law and Strategy, June 2011.
- “Class Certification Denied in Two Pharmaceutical Cases Alleging Economic Harm as a Result of Drug Advertising/Marketing Campaigns” (with J. Leghorn), Pharmaceutical, Medical Device and Life Sciences Alert, April 2009.
- “Medical Monitoring Claims: Intrusion into FDA’s Regulatory Mandate?” (with T. Ehlers), DRI For the Defense, Pharmaceutical and Medical Devices, July 2008.
- “Presumption of Innocence: FDA’s Authority to Regulate the Specifics of Prescription Drug Labeling and the Preemption Debate,” Food and Drug Law Journal, December 2006.
- “Further Reductions in Punitive Damages Awards—Recent Trends (I and II)” (with B. Eckman), Product Liability Law and Strategy, Spring 2005.
- “Pharmaceutical and Medical Device Immunity From Design Defect Claims,” ABA Section of Litigation, TortSource, Summer 2004.
- “Rogue Online Drugstores—A Threat to Health and Safety” (with J. Herstek), Pharmaceutical and Medical Device Law Bulletin, July 2004.
- “Promotion of Drugs through Internet Pharmacies: What You Don’t Know Can Hurt You” (with J. Leghorn and J. Herstek), ACI conference, “Minimizing Legal Risks in Drug Advertising and Promotion,” June 2004.
- “Phony Pharmaceuticals: The Bitter Pill” (with P. Glass), Rx for the Defense, Winter 2004.
- “A Look at Attempts to Gain Jurisdictional Advantage in Pharmacist Liability Cases” (with J. Herstek), Pharmaceutical and Medical Device Law Bulletin, December 2002.
- “Metaphors of Association: Justifying Decisions as to Medical Causation,” Pharmaceutical and Medical Device Law Bulletin, May 2002.
- “Pulling the Blanket of Immunity over Design Defect Claims (The ‘Reasonable Physician’ Standard)” (with D. Olson), DRI For the Defense, Pharmaceutical and Medical Devices, June 2001.
- “Design Defect Claims for Drugs and Devices: ‘Blanket Immunity’ Continues to Unfold” (with D. Olson), Pharmaceutical and Medical Device Law Bulletin, January 2001.
/Other Experience
Vivian is a member of the Defense Research Institute’s (DRI) Drug and Medical Device Steering Committee and serves on several editorial boards for law and strategy publications. She has also contributed to numerous publications, including Rx for the Defense, the newsletter of the DRI Drug and Medical Device Committee (editor and contributor); Consumer Product Safety Primer: An Introductory Guide to the Regulatory System; and State Surveys of Products Liability and Toxic Tort Law.
As Nixon Peabody’s Litigation Department Resource Partner, she leads team efforts and ensures projects are staffed with the right resources and with strong commitment and communication throughout the process.
In the news
- The Daily Record
Power 20 Litigation 2022
Nov 10, 2022Buffalo Complex Disputes partner Vivian Quinn and Rochester Labor & Employment partner Kim Harding, deputy leader of the firm’s Litigation department, are mentioned in this article for being named to the publication’s “Power 20 Litigation 2022” list. The recognition includes individual features profiling Vivian and Kim, where they discuss their expectations for the next year, recent successes, personal goals, and advice for new litigators.
- 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
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 - 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 - Law Practice Today
Changing the Profession, One Lawyer at a Time
Buffalo commercial litigation partner Viv Quinn is a panelist in this roundtable piece discussing women in law. She provides commentary throughout about her background and career.March 14, 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 - Product Liability Law & Strategy
'I Demand a Refund'; Class-Wide Damages Models for Labeling Claims
Buffalo Commercial Litigation partner Viv Quinn and associate Lynnette Nogueras-Trummer authored this column examining damages models for food-labeling class action complaints.June 1, 2015 - Product Liability Law & Strategy
Why the Rise of Ascertainability Signals the Fall of 'All Natural' Consumer Class Actions
Buffalo Commercial Litigation partner Viv Quinn and Manchester Commercial Litigation associate Anthony Galdieri authored this column discussing consumer class actions have challenged the labeling of food and beverage products as "All Natural," "100% Natural" or some variant.Jan 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
Admitted to practice
New York
Massachusetts
U.S. Court of Appeals, Second Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Southern District of New York
U.S. District Court, Western District of New York
Education
Columbia University, M.A.
New York University, J.D.
University of Notre Dame, B.S.
Professional activities
Vivian is a court-appointed mediator for the United States District Court for the Western District of New York and serves on the Editorial Board of LJN Product Liability Law & Strategy. She is a member of the Defense Research Institute (DRI) Drug and Medical Device Committee (serving on the Steering Committee), the American, New York State and Erie County bar associations, the Western New York Defense Trial Lawyers Association, and the Board of Directors for Buffalo Prep.
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Mass Tort Litigation/Class Actions—Defendants and Product Liability Litigation—Defendants; listed in Best Lawyers since 2014
- Named Best Lawyers® 2021 Mass Tort Litigation/Class Actions—Defendants “Lawyer of the Year” in Buffalo
- Recognized by The Legal 500 United States (2013–present) in the area of Dispute resolution—Product liability, mass tort and class action—Defense, and for Transport: aviation and air travel - litigation and regulation (2021–2023)
- Recognized by the International Who’s Who of Life Sciences Lawyers (2012–present)
- Recognized by LMG Life Sciences (2013–present) as a “Life Sciences Star”
Insights And Happenings
View AllProfessionals in the Practice Area
View AllElizabeth Zamora Meraz
Partner / Co-Team Leader, Pharmaceutical & Medical Device Litigation Team- Chicago
- Office:+1 312.977.4361
- ezmeraz@nixonpeabody.com
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William E. Reynolds
Partner / Co-Team Leader, Pharmaceutical & Medical Device Litigation Team- Albany
- Office:+1 518.427.2687
- wreynolds@nixonpeabody.com
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Michael J. Philippi
Senior Counsel- Chicago
- Office:+1 312.977.4875Mobile:+1 312.953.5159
- mphilippi@nixonpeabody.com
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