Madeline S. Baio

Madeline Baio represents product manufacturers, retailers, trucking companies, transportation network companies, national pharmacy chains, supermarkets, food production companies, and restaurants in product liability, premises liability, motor vehicle, 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. In addition, Madeline defends international and domestic insurers against general liability claims, bad faith claims, and coverage disputes.

A trusted authority within her practice areas, Madeline regularly presents on emerging employment-related issues at conferences around the country, and frequently contributes to GS Employment and Labor client alerts as well as the firm’s Professional Liability Magazine, covering developments in fields such as LGBT rights in the workplace and public accommodation.

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.

Experience Highlights

Product Liability

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. Representative matters include:

•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 voluntary dismissal with prejudice in favor of a Japanese automotive component manufacturer sued in a product liability action involving a motor vehicle fatality

Medical Malpractice

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.

Employment and Labor

Madeline’s employment experience includes defending and counseling clients from a broad range of industries, including Fortune 100 companies, regarding 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. Representative matters include:

•Successfully mediating two companions 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
•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 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)

Retail and Hospitality

An advocate for retail and hospitality businesses both inside the courtroom and beyond, Madeline is a leader of the firm’s nationwide Retail and Hospitality practice and a trusted counselor to some of the largest national and international companies in the industry. She is also a member of the Board of Directors of the National Retail and Restaurant Defense Association (NRRDA) as well as a board advisor and former chair of its Employment Practices Committee. Madeline’s experience serving clients in the industry spans employment litigation, civil rights claims, general liability, and more. Representative matters include:

•Obtaining dismissal of a series of three individual race discrimination cases filed against a nightclub
•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 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

Hatch-Waxman ANDA Litigation and Pharmaceutical Services

Madeline 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 experience includes 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.

Honors & Awards

AV Preeminent Peer-Review Rating (Martindale-Hubbell)

Publications & Events

Publications

•“Obesity: A Weighty Employment Issue,” NRRDA Newsletter, December 2015
•“Electronics and the Right to Privacy in the Workplace,” The Legal Intelligencer, February 23, 2010

Presentations

•Presenter and Moderator, “ADA Accessibility-From Brick and Mortar to the World Wide Web-Is Your Business Compliant?” NRRDA Conference, New Orleans, LA, March 1, 2018
•Advisor, “Employment Law Updates in the Era of Trump, Dreamers and the #MeToo Movement,” NRRDA Conference, New Orleans, LA, March 1, 2018
•“The Transitioning Workplace: Sexual Orientation, Expression, and Gender Identity Under Title VII, ADA, and State Law,” Employment Practices Liability Insurance ExecuSummit, Scottsdale, AZ, April 25, 2017
•“Recent Developments in the EEOC and in the Courts,” NRRDA Conference, Ft. Lauderdale, FL, March 2, 2016
•“From the Federal Agencies to the Courthouse, Hot Topics and Recent Developments in Labor and Employment Law,” NRRDA Conference, Ft. Lauderdale, FL, March 2, 2016
•“Overview: Title VII and Other Federal Employment Laws,” NRRDA Conference, New Orleans, LA, February 28, 2013

Recent Insights

The New Accessibility

November 6, 2019

The New Accessibility: Website ADA Claims Challenge Retail Industry

September 4, 2019

Goldberg Segalla Partner Madeline S. Baio Elected to National Retail and Restaurant Defense Association Board of Directors

June 12, 2017

Law360 Quotes Goldberg Segalla Attorneys in Employment and Labor Articles

May 2016

Madeline S. Baio and Jennifer M. Mannion Join Goldberg Segalla in Philadelphia

September 2, 2014