David M. Ottenwess

David M. Ottenwess is the Founding Partner of the Firm. He began practicing law in Michigan in 1986 and today concentrates his practice in the area of civil litigation matters, including professional liability claims, general healthcare law defense, executive employment matters, commercial contracts, employment contracts, labor, RICO, constitutional and election law.

For over 35 years, David has successfully litigated cases in Federal District Court as well as in Wayne, Oakland, Macomb, Monroe, Montcalm, Saginaw, Genesee and Washtenaw County Circuit Courts. He has successfully tried cases before juries in Federal and State Court on matters involving medical malpractice, contract disputes, Federal and State Polygraph Protection Acts, employment discrimination (Title VII), industrial accident and trade mark infringement.

Because of his trial experience in high stakes matters, David is also retained in other significant, complex litigation, arbitration, and negotiations, including termination of executive employment agreements and related matters. David has also successfully handled appeals in both State and Federal Courts capped by his defense of a Michigan Hospital and CEO in a complex matter involving issues of labor law and RICO Act violations. This litigation was eventually taken to the United States Supreme Court which ultimately vacated an unfavorable decision against his client by the Sixth Circuit Court of Appeals.

Including his litigation duties, David has served as a case evaluator over the past several years in Wayne and Washtenaw Counties. He has acted as a facilitator in contract disputes and has also acted as an arbitrator in civil personal injury matters. In 2011, David was appointed by a federal judge to serve as a Special Master in the decades-long litigation involving the United States Environmental Protection Agency and the Detroit Water and Sewerage Department litigation.

David's honors in the legal profession include being inducted into the American Board of Trial Advocates, awarded the AV® Martindale-Hubbell Peer Review Rating, the highest rating for legal ability and general ethical standards; named one of The Best Lawyers in America®; selected as one of Michigan's Super Lawyers® since 2007, selected as a Michigan Go To Lawyer in Medical Malpractice; Michigan Leading Lawyer in Professional Malpractice Defense and Commercial Litigation, Top 100 Business Lawyers, and Michigan Lawyers Weekly's Leaders in the Law.

Litigation Experience

• Handled over 600 matters in civil litigation, including personal injury, employment, contracts, health law, constitutional and election law
• Defended hospitals and physicians in medical practice cases before juries in Wayne, Oakland, Macomb, Monroe, Montcalm, Saginaw, Genesee and Washtenaw Court Circuit Courts
• Defended corporations and individuals before juries in federal court (United States District Court, Eastern District)
• Defended physicians in licensing matters
• Defended multi-state corporations in sexual harassment, sex and race discrimination cases in state and federal matters
• Represented corporations and individuals in arbitration and evidentiary hearings
• Litigated breach of employment contracts on behalf of health care providers and physicians

Transaction and Dispute Resolution Experience

• Appointed as Special Master to United States District Court (Eastern District, Michigan) to facilitate the development of compliance programs on matters involving the Detroit Water and Sewerage Department (DWSD) pursuant to federal court litigation involving the DWSD and a consortium of several municipalities in Southeast Michigan (February, 2011 - April, 2013)
• Case Evaluator Panelist in civil litigation cases in Wayne and Washtenaw Counties
• Mediator in contract disputes
• Arbitrator in civil personal injury matters
• Works closely with hospital administrators and risk managers on peer review questions and sentinel events
• Advises hospitals and risk managers regarding health law and professional liability questions in an effort to reduce and eliminate potential litigation and other risks
• Review and draft employment contracts
• Frequent speaker on Legal and Professional Liability matters

Other Legal Experience of Interest 

• Successfully represented Michigan Athletic Trainers Society, Inc., in obtaining a favorable official interpretation of the PT Administrative Rules from the Michigan Department of Community Health and the Michigan Attorney General’s office
• Successfully represented a Michigan hospital and its CEO in a labor/RICO matter involving complex issues of labor law, including Section 302 allegations and claims of RICO Act Violations, in federal court through to the United States Supreme Court which ultimately vacated an unfavorable decision against the hospital by the Sixth Circuit Court of Appeals
• Successfully secured a defense verdict before a jury on behalf of a hospital and its CEO in a Polygraph Protection Act case
• Successfully litigated a First Amendment case (prior restraint) resulting in the successful dismissal of a TRO and lawsuit against client
• Successfully defended to a jury verdict a patent infringement case between two musical groups and a record company 
• Successfully litigated election law matters in State Court including defending Wayne County’s Super Majority Tax legislation and the successful return of the names of two candidates to election ballots after wrongfully being removed or challenged