Awards and Recognitions
Melissa Wischerath is a skilled trial attorney who fights to protect the rights of people who have been injured, abused, or neglected through no fault of their own. For over 15 years, she has successfully led a wide variety of wrongful death and catastrophic injury cases for her clients, including police misconduct, institutional abuse, construction injuries, and products liability matters.
Melissa is widely recognized for her compassion, her wit, and her significant track record of success in holding wrongdoers accountable.
Through the course of her career, Melissa has frequently handled high-profile cases that garnered media attention. The New York Times and The Washington Post have featured her work on police abuse. In addition, a plethora of local print and television media outlets from across the country have covered Melissa’s work on the civil rights of children, wrongful death, sexual misconduct, and much else.
Melissa is consistently recognized by her peers for her legal skill, professional ethics, and successful results. She has been named to The Best Lawyers in America’s “Ones to Watch” and Super Lawyers’ “Rising Stars” every year since 2016. She has also received the prestigious Honorable James M. Burns Federal Practice Award, an award usually only given to late-career lawyers, in recognition of her professionalism and service representing low-income and under-represented clients.
Not only known for her acumen in the courtroom, Melissa is also actively involved in making an impact in her broader community. She is a member of the steering committee of the Our Outer Harbor coalition, a group committed to keeping public lands and waters public on the Lake Erie coast.
Bar and Court Admissions
- State of New York
- State of Oregon
- United States Supreme Court
- United States Court of Appeals, Second Circuit
- United States Court of Appeals, Ninth Circuit
- United States District Court, Western District of New York
- United States District Court, Northern District of New York
- United States District Court, Oregon
Education
- State University of New York at Buffalo, J.D., 2011
- Fordham University, B.A., 2004
Community Involvement
- Board of Directors, 21st Century Park on the Outer Harbor, Inc
- Advisory Board of Directors, Northwest Land Conservation Trust
- Board of Directors, Campaign for Greater Buffalo
Professional Activities
- New York State Bar Association, Member
- Oregon State Bar Association, Member
- American Association for Justice (“AAJ”), Member
- Western New York Chapter of the Women’s Bar Association of the State of New York, Member
- Bar Association of Erie County, Member
Speaking Engagements
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- Workshop leader for American Association for Justice (“AAJ”) Virtual Depositions College: Sharpening Your Skills, October 14, 2022- November 4, 2022
- Workshop leader for American Association for Justice (“AAJ”) Trial Advocacy College: Depositions, September 8 – September 10, 2022
- 34th Annual Public Interest Environmental Law Conference, How to Start and Run a Public Interest Law Practice, 2016
- 33rd Annual Public Interest Environmental Law Conference, Reclaiming the Promise of Home Rule to Protect the Environment, 2015
- Wayne Morse Center for Law and Politics, “Earned Sick Leave, Preemption and the Powers of Local Government,” 2014
- CLE Access to Justice, CLE on the Federal District Court Pro Bono Panel, 2014
- 32nd Annual Public Interest Environmental Law Conference, Food Systems and Environmental Law, 2014
In the News
- Amherst to pay $2.1M to woman who suffered ‘life-changing’ injuries in crash with truck fleeing police – The Buffalo News
- Family of woman killed in home sues over 911 response – The Buffalo News
- Mother Sues County Over 2022 Jail Death – Jamestown Post-Journal
- Erie County Jail Deaths Substantially Higher Than Reported – The Investigative Post
- Erie County sued over 2023 death of inmate who was retrained -The Buffalo News
- Several Media Outlets Report on Lawsuit Filed on Behalf of The Estate of a Deceased Detainee Who Died in The Erie County Holding Center Due to Lack of Adequate Medical Attention
- Lawsuit Filed After Buffalo Police Officers Repeatedly Punch Dirt Bike Driver -WKBW
- “Fired deputy accused in lawsuit of sexual contact with Erie County inmate” –The Buffalo News
- “Man Shoved by Officers During Protest Sues Buffalo Police” -The New York Times
- “Elderly Protester Whose Skull Was Fractured Sues Buffalo After Cops Escape Prosecution” -Forbes
- “A Police-Friendly Arbitrator Made an All Too Commons Decision in Buffalo” -The Washington Post
- “Judge rules DA must turn over files for injured protester Martin Gugino’s civil lawsuit” -The Buffalo News
- Federal judge orders Eugene School District to compensate for denying autistic teenager proper evaluation, education, The Register-Guard
- County ordered to pay $25,418, The Register-Guard










