Tracy M. Waugh Of Counsel




Tracy Waugh focuses her practice on complex defense litigation, including commercial litigation, tort litigation, employment litigation, professional liability litigation, auto lender liability and finance related litigation. She has been a trial lawyer for 20 years and has significant experience in the state and federal courts of Massachusetts and Rhode Island as well as before various administrative agencies.

Tracy’s detailed and practical approach to representing and defending clients consistently leads to efficient case disposition through litigation as well as alternative dispute resolution. She is particularly skilled at providing timely and accurate evaluations of liability and damages, which is critical to best position each case for efficient disposition.

Areas of Focus

Employment & Labor
Tracy represents employers before administrative agencies and in state and federal court, defending claims of discrimination and sexual harassment, retaliation, and wage and hour disputes. She also advises clients regarding the management of employment and labor issues and policies, conducts internal investigations and drafts a variety of employment policies. Tracy has completed numerous Massachusetts Commission Against Discrimination (MCAD) certified courses, including Train-the-Trainer: Preventing Workplace Discrimination & Harassment; MCAD Conducting Internal Investigations; MCAD Pregnant Workers Fairness Act Train-the-Trainer; and MCAD Discrimination Prevention Program, Responding to Accommodation Requests.

Tracy is a member of Wilson Elser’s dedicated group of appellate attorneys throughout its office network who can step in and bring the litigation cycle to a satisfactory conclusion. She has attained a mastery of the highly technical procedural rules of appellate work and has the ability to give matters the kind of review they will invariably receive from appellate panels.

Complex Tort & General Casualty
Tracy handles the defense of a wide variety of complex general liability and commercial litigation matters, including construction litigation, tort litigation, premises liability, sexual molestation, product liability and wrongful death.

Product Liability
Tracy has defended a wide range of product manufacturers and distributors in product liability litigation, including manufacturers and distributors of industrial machinery, construction equipment, and consumer products. These cases often involve catastrophic injuries or wrongful death, as well as substantial economic damages.

Representative Matters

Obtained summary judgment in favor of distributor and installer of manufactured home who allegedly sold a defective unit.

Obtained MCAD dismissal of a variety of employment claims of discrimination and/or retaliation.

Successfully resolved multiple-claimant sexual molestation claims against employer of youth coach.

Achieved successful pre-trial settlement of significant exposure premises liability case involving alleged traumatic brain injury.

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