Hon. Joan A. Madden (Ret.) joined JAMS in 2022 with 29 years of experience on the bench, having served New York State with distinction. Justice Madden was first elected to the New York County Civil Court in 1992 and was thereafter elected twice to the New York State Supreme Court, where she served a total of 23 years.

Justice Madden presided over a wide range of cases during her judicial career. During her years on the bench, she served in both the Medical Malpractice Part and the Individual Assignment Part, handling complex matters such as asbestos litigation, receiverships, contract disputes, employment discrimination, professional malpractice, labor law, torts, landlord-tenant disputes, arbitration issues, injunctions, Article 78 proceedings, and land use and environmental law.

Before her election to the New York County Supreme Court, Justice Madden was appointed in May 1997 as an Acting Supreme Court Judge in the Motor Vehicle and City Parts, where she presided over thousands of cases and facilitated numerous settlements. Initially elected to the Civil Court of New York County in 1992, she was assigned to Criminal Court for two years where she conducted trials and hearings, managed a calendar part, and ruled on substantive motions.

Justice Madden has previously served as the chair of the Judicial Section of the New York County Lawyers Association, addressing issues of sex trafficking, immigration, grand jury reform, cameras in the courtroom and admissibility of social media evidence during her tenure. In 2015 she was appointed to the Tribal Courts Committee of the Unified Court System, where she worked with others to foster cooperation and understanding between the tribal, state and federal justice systems. 

ADR Experience & Qualifications

• Justice Madden has participated as a panelist and moderator at numerous conferences and CLE programs regarding asbestos litigation, expert testimony and evidence. 
• She has served as a judge in competitions and for educational purposes in moot court programs sponsored by various bar associations. 

Representative Matters

• American Indian Tribal Law
• As a member of the Tribal Courts Committee, was involved in drafting procedures under the New York C.P.L.R. for the recognition of Tribal Court orders under the doctrine of comity
• Business & Commercial
• Arbitrated alleged breach of contract dispute between parties to agreement involving manufacture of cosmetic products
• Arbitrated several disputes involving credit cards, banks, and other financial institutions
• Arbitrated alleged breach of contract and account stated dispute involving defamation claim
• Arbitrated consumer breach of contract dispute against car title company involving alleged violations of a state’s Consumer Finance Act, usury laws and Unfair and Deceptive Trade Practices Act
• Arbitrated alleged breach of contract dispute involving unpaid attorneys' fees and disbursements
• Arbitrated alleged breach of a membership interest acquisition agreement involving a realty group
• Handled Med-Arb matter involving alleged breach of contract dispute involving fee disputes amongst a former law firm partnership
• Mediated breach of contract dispute over unpaid fees for payroll services after both parties entered into a Master Service Agreement (MSA)
• As a judge, presided over business disputes involving breach of contract, insurance, partnership dissolution, tortious interference with business relations, non-circumvent agreements, unfair competition and turnover proceedings, including issues related to a judgment debtor’s equitable ownership interest in distributions to other project participants. See, e.g., Zohlman v. Zoldan, 2011 WL 587480 (Sup Ct, NY Co 2011), aff’d 132 AD3d 568 (1st Dept 2015); GS Plasticos Limitada v. Bureau Veritas, 37 Misc3d 1228 (A) (Sup Ct, NY Co 2012)
• Civil Rights
• As a judge, issued decisions in a number of significant matters, including ordering a judicial inquiry into police actions and city officials’ responsibility in connection with the arrest and death of an unarmed individual. See Matter of Carr v. De Blasio, 70 Misc3d 418 (Sup Ct, NY Co 2020), aff’d 197 AD3d 124 (1st Dept 2021)
• As a judge, ordered police department to provide the race of persons at whom a police officer fired his or her weapon but who was not struck. See New York Civil Liberties Union v. New York City Police Department, Index No 110557/08 (Sup Ct, NY Co 2009), aff’d 74 AD3d 632 (1st Dept 2010)
• As a judge, presided over matters that permitted a case to proceed involving a challenge to a regulation requiring proof of “convertive surgery” before issuing a new birth certificate to transgender applicants. See Prinzivalli v. Farley, 2016 WL 8540945 (Sup Ct, NY Co 2016)
• As a judge ruled, in a case of first impression in New York courts, that a landlord’s refusal to renew a tenant’s rent-stabilized lease based on the tenant’s “actual or perceived … alienage or citizenship status” violated New York City’s Human Rights Law (NYCHRL). Recalde v. Bae Cleaners, Inc., 20 Misc3d 827 (Sup Ct, NY Co 2008)
• Class Action & Mass Tort
• As a judge, oversaw several class action cases and decided motions involving issues as to whether the allegations met the requirements for such actions
• Employment
• Mediated matter involving gender identity discrimination claims and potential malpractice by a transgender patient against a hospital
• Mediated Section 1981 of Civil Rights Act of 1866 claim alleged against bank 
• As a judge, resided over numerous cases involving employment discrimination under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL), including actions alleging discriminatory practices and policies and discrimination based on age, race, ethnicity, wrongful termination and hostile work environments, as well as spoliation issues in such actions. See, e.g., Ahroner v. Israel Discount Bank of New York, 14 Misc3d (Sup Ct, NY Co 2010); aff’d 79 AD3d 481 (1st Dept 2010)
• Estates/Trusts/Guardianship
• Mediated New York Mental Hygiene Law (MHL) Article 81 guardianship matter involving incapacitated individual and alleged breach of fiduciary duty to marshal individual’s assets, including medical malpractice proceeds
• As a judge, presided over numerous matters involving judicial oversight of guardianships and trusts created for the benefit of infant plaintiffs or funded from proceeds of court actions
• As a judge, oversaw issues related to the need of an injured party for services and for the purchase of property to accommodate those needs
• Health Care
• As a judge, issued direction to New York State and New York City to draft and implement regulations regarding application requirements for immediate home care services. See Konstantinov v. Daines, 2010 WL 7746303 (Sup Ct, NY Co 2010), aff’d as modified, 101 AD3d 520 (1st Dept 2012)
• Personal Injury
• Served as a neutral evaluator including conducting hearings in matters related to alleged abuse of minors in a youth organization
• As a judge, presided over all types of personal injury and tort matters, ecompassing labor law, premises liability, general negligence, including the doctrine of res ipsa loquitur, construction defects, negligent hiring and supervision, wrongful death and product liability. See Barney-Yeboah v. Metro-North Commuter Railroad, 2013 WL 10484682 (Sup Ct, NY Co 2013), rev'd 120 AD3d 1023 (154 Dept 2014); Court of Appeals reversed the Appellate Division and reinstated Supreme Court order (J. Madden) 25 NY3d 945 (2015); Cumbicos v. Tractel, Inc., 2010 WL 4732723 (Sup Ct, NY Co 2010)
Asbestos Litigation

• During her eight-year assignment to the New York County asbestos litigation, Justice Madden handled complex issues involving multiple parties and decided issues related to the quantum of proof required to establish causation and evidentiary issues related to expert testimony. She negotiated hundreds of settlements, which involved an evaluation of fault among numerous defendants, including the liability or potential liability of the defendant based on the nature of the product and plaintiff’s alleged exposure. See Matter of New York City Asbestos Litigation (Dummitt) v. A W Chesterton, 36 Misc3d 1234(A) (Sup Ct, NY Co 2012), aff’d 121 AD3d 230 (1st Dept 2014), aff’d 27 NY3d 765 (2016)
• Product Liability
• As a judge, presided over matters involving allegations of the alleged defective manufacture and sale of products, including issues regarding post-sale modification for a particular use. See Buda v. New England Orthopedics & Prosthetics Systems, LLC, 7 Misc3d 1025(A) (2005); Caronna v. Macy’s East, Inc., 6 Misc3d 1016 (2001)
• Professional Liability
• Mediated architectural malpractice and negligence claim involving design of a mezzanine floor in commercial establishment
• As a judge assigned to medical malpractice cases, negotiated hundreds of settlements. Among other issues, Judge Madden considered claims of failure to diagnose, misdiagnosis, negligent treatment and negligent performance of surgical and other procedures, including the failure to order medically necessary tests and to properly interpret or communicate the test results to an ordering physician. Issues also included whether a physician owed a duty to a patient and the nature and extent of such duty, as well the impact of clinical guidelines in regard to the standard of care. See Kljyan v. Kaminetsky, 57 Misc3d 1222(A) (Sup Ct, NY Co 2017); Raefski v. Hirsch, 2020 WL 1902414 (Sup Ct, NY Co 2020)
• As a judge, presided over a variety of professional malpractice cases, including those involving legal malpractice asserting claims of breach of fiduciary duty by defendant attorney based on allegations of a conflict of interest due to the attorney’s joint representation of plaintiffs and other involved entities with interests adverse to plaintiffs. See Bolton v. Weil, Gotshal & Mangers LLP, 4 Misc3d 1029(A) (Sup Ct, NY Co 2004)
• Real Estate & Real Property
• Arbitrated homeowners’ association dispute involving an interpretation of a residential co-op’s by-laws and of a prior agreement regarding the installation of an elevator
• Mediated dispute between commercial tenant and landlord involving the alleged destruction of valuable property, harassment, and negligent conduct 
• Mediated commercial landlord and tenant matter filed against law firm
• As a judge, oversaw numerous matters involving commercial and residential real estate, breach of contract and warranties in the construction of condominium units, and mortgage foreclosures
• As a judge, issued decisions involving mortgage foreclosures and appointed and supervised receivers in multi-million-dollar commercial and residential properties. See RPAP Hotel Debt (Flatotel), L.L.C. v. EALC LLC, et al., Index No.: 651153/2010 (Sup Ct, NY Co); RPAP Hotel Debt (ALEX), L.L.C. v. 205 EAST 45 LLC, et al., Index No.: 650964/2010 (Sup Ct, NY Co)

Honors, Memberships, and Professional Activities

• Award in Recognition and Appreciation of Years of Service, Trial Lawyers Section and Torts, Insurance and Compensation Section of the New York State Bar Association, 2021
• Champion of Justice Award, New York State Trial Lawyers Association, 2020
• New York State Unified Court System, 2015–2020
• Member, Tribal Courts Committee, 2015–2020
• Member, Litigation Coordinating Panel for the Unified Court System, 2015–2020
• New York County Lawyers Association, 2006–2025
• Member, Board of Directors, Justice Center, 2021–2025
• Delegate to New York State Bar Association, 2017–2019
• Chair, Judicial Section, 2012–2015
• Vice Chair, Judicial Section, 2010–2012
• Fellow, New York Bar Foundation, 2005–2025
• National Association of Women Judges, 2007-2010
• Member, Women in Prison Committee, 2007–2010
• Outstanding Jurist and Champion of Justice, Brehon Law Society, 1996
• Member, Brehon Law Society, 1993–2025
• Association of the Bar of the City of New York, 2007–2025
• Member, Land Use Planning and Zoning Committee, 2010–2013
• Member, Minorities in the Courts Committee, 2007–2008
• New York State Bar Association, 2016–2025

Selected Presentations and Publications

• New York State Judicial Institute
  • Panelist, “Comity, Recognizing Tribal Court Judgments, Orders and Decrees,” July–August 2017
  • Judge Madden was also involved in drafting procedures for recognizing Tribal Court judgements in state court
  • Moderator, “Evolution of Frye,” 2013
• “Bootcamp for Lawyers,” New York State Trial Lawyers Institute, 2013
• Moderator, “Discovery Is Different: Deposing and Disclosing in Criminal and Civil Cases in the NYS Courts,” New York County Lawyers, 2012
• Panelist, “Trying an Asbestos Case,” HB Litigation Conference, 2010–2015
• Judge-Instructor, “Basic Trial Techniques,” New York State Trial Lawyers Association, 2002–2011
• Presiding Judge, National Student Advocacy Competition Regional Finals, Association of Trial Lawyers of America, 2002–2009
• Moot Court, Association of the Bar of the City of New York, 1992, 1995, 1996, 1998, 2000, 2008

Background and Education

• Supreme Court, New York County, 1997-2021
• Supreme Court Justice, Civil Term, 1998-2021
• Acting Supreme Court Justice, Civil Term, 1997
• Judge, Civil Court, New York County, 1994–1997
• Judge, Criminal Court, New York County, 1992–1993
• Legal Aid Society, 1973-1991
• Supervising Attorney, Criminal Defense Division, 1987–1991
• Staff Attorney, 1973–1987
• J.D., Fordham University School of Law, 1973
• B.A., Thomas More College, Fordham University, 1968