Ms. Madoff applies her commercial law experience to consumer fraud and consumer financial services class action litigation. She has developed cases and assisted in the prosecution of the actions charging deceptive and misleading conduct, breach of contract and related claims against some of the largest consumer-oriented companies in the United States including, for example, Google, Campbell Soup Company, Bank of America and Wells Fargo. Presently, Ms. Madoff is concentrating on issues related to health care, such as the rampant problems with surprise medical bills and balance billing.
Indeed, the Wolf Popper team headed by senior partners Chet B. Waldman, Emily Madoff, and Patricia I. Avery recently achieved an extraordinary settlement of virtually a 100% recovery for class members who filed documented claims in a California surprise medical billing class action in Bozarth v. Envision Healthcare Corporation Corp., Case No. 5:17-cv-1935 FMO (SHKx) (C.D. Cal.). Plaintiffs brought claims on behalf of patients who went to emergency rooms at hospitals that were in-network to their insurance plans, only to find out later when they received large bills that the ER physicians were out-of-network to their insurance. Plaintiffs alleged that defendants violated state statutes and the common law. The settlement provides for refunds of payments over the “allowed amounts” indicated by their insurance companies or writeoffs of such bills if they were not paid. The settlement also provides for nonmonetary relief in the form of disclosure requests made by defendants to the dozens of California hospitals at which defendants provide ER physicians. In an order entered on June 30, 2020, the Court found that the settlement “affords class members immediate and potentially significant monetary benefits in the face of various defenses to plaintiffs’ claims,” that the “[c]lass recovery is potentially 100%,” and that “the relief provided to the class is more than adequate.”
Ms. Madoff frequently writes about legal issues for various publications. Among her many publications, Mandatory Arbitration Clauses in Consumer Contracts and CFPB's Proposed Rules appeared in the July 5, 2016 special supplement on Litigation in the New York Law Journal. Her article "Bringing 'big oil' to the Big Apple" concerning the scandal at the Brazilian company, Petrobras, and the securities litigation it spawned in the United States, was published in Latin Lawyer in March 2015. Her article “Analyzing the Fundamentals of Litigation Funding” appeared in the August 19, 2013 special supplement on Litigation in the New York Law Journal, and her article "Raising the Bar on Professional Conduct: A Primer on the New Rules" appeared in the February 2, 2009 special supplement on New Partners in the New York Law Journal.
Ms. Madoff is a graduate of Connecticut College (B.A., 1973), and Northeastern University School of Law (J.D., 1979). She is admitted to the Bars of the State of New York and the Commonwealth of Massachusetts and to the United States District Court for the Southern District of New York.