Member Bio
Denise M. Motta has extensive experience litigating complex litigation claims in state and federal courts. Her practice includes all areas of litigation with a focus on construction. She also has extensive experience handling personal injury, premises liability, bad faith, construction defect, and complex litigation involving the defense of manufacturers and distributors in product liability cases. Ms. Motta was Associate General Counsel to The Rawlings Company, LLC, the country’s largest subrogation and reimbursement recovery vendor. In that role, she served as the Subrogation Division’s Litigation Manager where she coordinated and directed the litigation of more than 200 subrogation files in varying stages of litigation and across the nation, making her an expert in ERISA, Medicare, and FEHBA/FEP and health insurance subrogation cases.
Ms. Motta’s practical experience includes:
• Responsibility for handling all aspects of defense, including drafting pleadings, discovery, and motions; deposing parties, fact witnesses, treating physicians, and expert witnesses; witness interviews; arguing motions; attendance and argument at court hearings; participation in mediation and settlement negotiations; and trial preparation.
• Jury trial experience, including cases tried to verdict.
• Brief preparation and oral argument at the appellate level
• Representation in mediation and other forms of dispute resolution.
• Daily negotiation and resolution of disputed general liability, healthcare subrogation claims, and complex product liability claims, including claims in excess of six figures.
• Litigation and management as national counsel over 1250 pharmaceutical mass tort cases.
• Analysis of complex medical issues, including scientific literature and relevant medical history, as required to develop defense of cases.
• Expertise in healthcare subrogation, including the application of ERISA, Medicare Advantage, and Federal plans.
Publications:
• “National Subrogation Law Manual,” Contributing Author, 2011, 2012, 2013, 2014, and 2015.
• “50 State Survey on Medical Specials Recovery,” Kentucky Author, State-by-State Compendium, DRI Trial Tactics Committee, (Fall 2010).
• “Developments in Lead Litigation: Chipping Away at the Public Nuisance Doctrine and Prepping for Toy Lawsuits,” Author, For The Defense (December 2007).
• “50 State Survey of Medical Monitoring,” Ohio Author, State-by-State Survey of the Law Regarding Potential Liability for Medical Monitoring: A Report of the Pharmaceutical and Biologicals Subcommittee of the Products Liability Committee of the American Bar Association (2001).
• “FDCA-Related Tort Causes of Action,” Ohio Co-Author, State-by-State Survey of the Law: A Report of the American Bar Association (2000).
• “Off Label Use of Drug and Medical Devices in Ohio,” Co-Author, American Bar Association Report of the Pharmaceutical and Medical Devices Subcommittee, Products Liability Committee (1999).
Presentations:
• “Litigating and Resolving Subrogation Claims from the Health Plan’s Perspective,” Ohio Association for Justice Annual Meeting (May 2014).
• “Hold All Tickets: Strategies for Corporate Counsel, Claims Professionals for Handling Claims in a Down Economy,” Ferreri & Fogle Client Seminar (May 2010).
• “Silver Linings: The Benefits of a Down Economy and Public Mistrust,” In-House Counsel Panel Moderator, DRI Damages Seminar (March 2010).
• “How to Win Big – The In-House Perspective,” Moderator, DRI Damages Seminar (March 2008).
• “Red Sky in the Morning, Sailor Take Warning – The Storms on the Horizon: Lead-Containing Products,” DRI Product Liability Seminar (February 2007).
• “When Did That Happen? A Product Liability Case Law Update,” DRI Product Liability Seminar (February 2006).
• “Baiting the Trap: Winning Summary Judgment Through Deposition Strategies,” DRI Young Lawyers Seminar (June 2005).
• “Tort Reform and You Perfect Together?” East Region Panel Speaker, DRI Annual Meeting (October 2005).
• “Who Cut the Cheese? Mold Issues in Product Liability Litigation,” DRI Product Liability Seminar (February 2003).
• “Litigating the Class Action Lawsuit in Ohio,” National Business Institute (October 2000).
Professional Affiliation:
• DRI – The Voice of the Defense Bar
-Program Co-Chair for 2008 Complex Medicine Seminar
-Various leadership positions on the Product Liability Committee, Trial Tactics & Damages Committee, and Young Lawyer Committee since 2001.
As a testament to Ms. Motta excellent legal skills, she was named an “Ohio Super Lawyer Rising Star” in July 2007.
Ms. Motta received her Bachelor’s degree from the University of Louisville in 1993 and graduated from Northern Kentucky University, Salmon P. Chase College of Law in 1996, magna cum laude. Ms. Motta is admitted to practice in the Commonwealth of Kentucky and State of Ohio, as well as before the United States Supreme Court, the United States Court of Appeals for the Sixth Circuit, the federal district courts in Kentucky and Ohio, as well as the United States District Courts for Southern District of Indiana and the Northern District of Texas.