Nicolson Associates - Product Liability Law, Retail Liability Law, Insurance Coverage and Litigation, Employment Law, and School Law

	Madeline S. Baio baio@nicolsonassoc.com
	Practice
	Relevant Experience
	Significant Representative Matters
	Professional Activities
	Membership
	Education
	Admissions
Download: Vcard \| Bio

PRACTICE Back to top

Madeline S. Baio has been successfully defending product manufacturers, a national pharmacy chain, hospitals, aerospace, defense and technology companies, trucking companies, banking institutions, country clubs, municipalities and municipal authorities, county prisons and privately owned businesses against a host of products liability and employment discrimination claims for over 25 years. In addition, her practice also includes the representation of pharmaceutical companies in patent infringement litigation, pharmacies in malpractice claims and property owners in premises liability claims.

Her litigation record is impressive. Ms. Baio has scored numerous victories in state and federal court, as well as before the EEOC and PHRC, saving her clients millions of dollars in possible judgments. She has tried cases to verdict in Federal and State Courts and has represented her clients through the appeal process. Ms. Baio’s experience includes arbitration and mediation as well as other alternative dispute resolution procedures.

RELEVANT EXPERIENCE Back to top

Substantial experience defending and counseling clients from a broad range of industries, including Fortune 100 companies, with regard to employment related matters such as discrimination in hiring, firing and promotion; wages; benefits; and civil rights claims.
Conducting work place investigations of discrimination and harassment claims.
Drafting employee manuals, employment agreements, severance agreements, non-compete agreements, and other employment policies and procedures specifically tailored to the needs and concerns of each particular client.
Extensive experience in the representation of 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.
Representation of generic pharmaceutical companies as both litigation counsel and local counsel in connection with ANDA litigation.
Representation of national drug store chain in connection with pharmacy malpractice, premises liability and false arrest claims.
Representation of national drug store chain in connection with multi- district litigation concerning failure to warn and other drug-related claims.
Representation of importer/exporters and other business owners with respect to trademark infringement claims.

SIGNIFICANT REPRESENTATIVE MATTERS Back to top

On the eve of trial in a disability discrimination claim filed in Essex County New Jersey, Ms. Baio was successful in negotiating a settlement for an extremely nominal amount which the plaintiff had previously and repeatedly rejected thereby avoiding the cost and risk associated with a jury trial.
In a product liability case filed in the Middle District of Pennsylvania involving claims of manufacturing defect against her client, a seat belt manufacturer, Ms. Baio obtained a defense verdict following a 2 week jury trial with damages claimed to be in excess of $16 million for brain injuries sustained by a 19 year old male in a late night automobile crash.
In a series of product liability cases against name brand drug manufacturers filed in State and Federal Court, Ms. Baio obtained dismissal of all claims against her client, a nationwide retail drug store chain, against failure to warn and other drug-related claims.
In a trip and fall case, Ms. Baio successfully defended her client, a retail store owner, obtaining a defense award at arbitration and, upon plaintiff’s appeal de novo, negotiating a nominal settlement on the eve of a jury trial in Philadelphia.
In a case involving claims of false arrest, false imprisonment, assault and battery and malicious prosecution following plaintiff’s acquittal on retail theft charges, Ms. Baio successfully defended her client, a national drug store chain, in a jury trial in Philadelphia resulting in only nominal damages being awarded to the plaintiffs.
In litigation brought in the Eastern District of Pennsylvania, Ms. Baio served as litigation counsel for a generic pharmaceutical company successfully defending its Abbreviated New Drug Application against patent infringement claims brought by a name brand drug manufacturer pursuant to the Hatch-Waxman Act.
In a race discrimination case filed in federal court in New Jersey, Ms. Baio obtained summary judgment in favor of her client, a national commercial trucking company.
In a federal age discrimination case which included retaliation claims by a current employee, Ms. Baio counseled her client, a municipal water authority, through an investigation which led to the discovery of improper confidential payroll information on the employee’s office computer. The employee was confronted with this discovery at her deposition and, when subsequently faced with a motion for summary judgment, not only withdrew her case but voluntarily resigned her position to avoid a certain termination.
In a case involving claims of discriminatory discharge based on disability and sexual harassment filed with the Pennsylvania Human Relations Commission, Ms. Baio successfully defended her client through the administrative process resulting in the withdrawal of the charge by the former employee.
In a case of sexual harassment and retaliation filed with the Equal Employment Opportunity Commission against a county prison, a former correctional officer challenged her discharge. Ms. Baio successfully defended the prison and within several months of her submission of a Position Statement on the prison’s behalf, the EEOC entered a “No Cause” finding and dismissed the Charge.
Two companion Fair Labor Standards Act (FLSA) cases brought by city police officers were vigorously defended and then successfully mediated resulting in resolution of all claims amongst the plaintiffs, the municipality and the Local Fraternal Order of Police.
In a case filed in New Jersey Superior Court under the New Jersey whistle-blower statute known as the Conscientious Employee Protection Act (“CEPA”), Ms. Baio successfully defended her client against the claims of a former employee resulting in a dismissal of the case and an award of attorney’s fees and costs in favor of Ms. Baio’s client.
In a series of three individual cases filed against a local night club involving claims of race discrimination, Ms. Baio successfully defended her client before the Pennsylvania Human Relations Commission resulting in a dismissal of each of the claims.
A Motion to Dismiss for Failure to State a Claim was granted in a case filed in federal court by a former municipal employee against Ms. Baio’s client, a local municipality. The claims arose under 43 U.S.C. Section 1983 and involved alleged due process violations in the termination process.
In a case filed with the State of Delaware Department of Labor against an area country club, Ms. Baio obtained a “No Cause” determination with respect to the employee’s claims of age, race and national origin discrimination.
In a case brought in the Montgomery County Court of Common Pleas by a former office employee against a hospital, Ms. Baio obtained summary judgment in favor of the hospital on all counts which included claims of breach of contract, promissory estoppel and purported claims arising under ERISA.

PROFESSIONAL ACTIVITIES Back to top

Ms. Baio has served as an arbitrator for the Philadelphia County Court of Common Pleas and the Delaware County Court of Common Pleas. She is a member of the Pro Bono Panel of the Delaware County Bar Association and Legal Aid of Southeastern Pennsylvania.

MEMBERSHIP Back to top

NAMWOLF (National Association of Minority and Women Owned Law Firms)
WBENC (National Women’s Business Enterprise Certification)
Pennsylvania Bar Association
Delaware County Bar Association
Medicaid Practice Network
Middletown Township Business Association
Rotary Club of Media
Relay for Life Captain

Back to top

EDUCATION Back to top

J.D., Suffolk University Law School, 1984
Honors: Best Brief 1981; Moot Court Board 1982-1983, 1983-1984
B.A., Clark University, 1981

Pennsylvania
New Jersey
Massachusetts
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, District of New Jersey
U.S. District Court of Appeals, Third Circuit