Madeline Baio represents product manufacturers, retailers, trucking companies, national pharmacy chains, supermarkets, food production companies, and restaurants in product liability, premises liability, and employment-related matters. She has tried cases to verdict in federal and state courts, and has represented clients in appeals as well as arbitration, mediation, and other alternative dispute resolution proceedings. 

Madeline has significant experience representing manufacturers in product liability litigation involving catastrophic injuries and death with claims based on design defect, manufacturing defect, improper warnings, crashworthiness, misrepresentation in advertising, and negligence. She has also defended product manufacturers and suppliers in connection with significant fire loss claims and has represented food production companies in connection with product liability claims involving alleged adulterated, contaminated, and mislabeled food products.

Madeline has extensive experience defending against medical and pharmacy malpractice claims. Over the past 16 years, she has represented pharmacy and supermarket chains in pharmacy malpractice matters. In addition, she has defended a pharmacy chain in multidistrict litigation alleging failure to warn and other drug-related claims, as well as in premises liability and false arrest claims. She represents generic pharmaceutical companies as both litigation counsel and local counsel in connection with Abbreviated New Drug Application (ANDA) litigation and has successfully defended trademark infringement claims on behalf of national and international distributors.

Her employment experience includes defending and counseling clients from a broad range of industries, including Fortune 100 companies, with regard to matters such as discrimination in hiring, firing, and promotion; wages; benefits; civil rights claims; workplace investigations of discrimination and harassment claims; and drafting of employee manuals, employment agreements, severance agreements, non-compete agreements, and employment policies and procedures.

In addition, she defends international and domestic insurers against general liability claims, bad faith claims, and coverage disputes.

An AV-rated attorney, Madeline has served as an arbitrator for the Philadelphia County Court of Common Pleas and the Delaware County Court of Common Pleas.

Representative Matters
  • Obtaining summary judgment on behalf of a global manufacturer against an employee’s claims of interference and retaliation under the Family Medical Leave Act which was affirmed in a precedent-setting opinion by the Third Circuit
  • Obtaining a defense verdict in a product liability case involving claims of manufacturing defect against a seat belt manufacturer following a two-week jury trial with damages alleged in excess of $16 million
  • Obtaining summary judgment in favor of a national commercial trucking company in a federal court age discrimination case
  • Successfully defending supermarket chains in premises liability claims obtaining defense awards, nominal settlements, successful third-party tenders, and favorable mediation outcomes and binding arbitration awards
  • Obtaining voluntary dismissal with prejudice in favor of a Japanese automotive component manufacturer sued in a product liability action involving a motor vehicle fatality
  • Successfully mediating two companion Fair Labor Standards Act cases brought by city police officers resulting in resolution of all claims among the plaintiffs, the municipality, and the local Fraternal Order of Police
  • Obtaining a defense verdict in favor of a retail store owner at arbitration in a trip-and-fall case and, upon plaintiff's appeal de novo, effectively cross-examined the plaintiff's expert medical witness, resulting in a nominal and cost-effective settlement
  • Counseling and defending a municipal water authority in a federal age discrimination case which included retaliation claims by an employee, a case that was later withdrawn
  • Obtaining dismissal of a federal court action brought by a former municipal employee against a local municipality in a case arising under 42 U.S.C. Section 1983 involving alleged due-process violations in the termination process
  • Obtaining a “no cause” finding from the Equal Employment Opportunity Commission (EEOC) in a case of sexual harassment and retaliation brought by a former correctional officer against a county prison
  • Negotiating a settlement for a nominal amount resulting in a cost-effective resolution of a disability discrimination case on behalf of a national commercial transportation company on the eve of trial
  • Successfully defending a client in a case involving claims of discriminatory discharge based on disability and sexual harassment through the administrative process, resulting in the withdrawal of the charge by the former employee
  • Obtaining dismissal of a series of three individual race discrimination cases filed against a nightclub
  • Successfully defending a generic pharmaceutical company and its ANDA against patent infringement claims brought by a name-brand drug manufacturer pursuant to the Hatch-Waxman Act
  • Obtaining a “no cause” determination with respect to claims of age, race, and national origin discrimination brought by a former employee against a country club
  • Obtaining summary judgment in a case brought by a former office employee against a hospital and affiliated healthcare system involving claims of breach of contract, promissory estoppel, and purported claims arising under the Employee Retirement Income Security Act (ERISA)
Honors
  • AV Preeminent Peer-Review Rating (Martindale-Hubbell)
  • View peer-review methodologies at martindale.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
Professional Affiliations 
  • National Retail and Restaurant Defense Association (NRRDA)
    • Member, Board of Directors
    • Board Advisor and Former Chair, Employment Practices Committee
    • Member, Annual Conference Planning Committee
Admitted to Practice
  • Pennsylvania
  • New Jersey
  • Massachusetts
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Third Circuit
Community Involvement
  • Middletown Township Business Association
  • Rotary Club of Media
  • Relay for Life: Captain
Education
  • Suffolk University Law School, J.D., 1984
  • Clark University, B.A., 1981
Presentations
  • Presenter, "Sexual Orientation, Expression and Gender Identity: The Increased Focus and Application of Title VII, ADA and State Law," Employment Practices Liability Insurance ExecuSummit, Scottsdale, AZ, April 25, 2017
  • Presenter, "Recent Developments in the EEOC and in the Courts," National Retail and Restaurant Defense Federation, Ft. Lauderdale, FL, March 2, 2016