Richard Kraus has more than 35 years of experience in the areas of appeals, health care law, professional licensing and litigation.
As an appellate lawyer, he has handled difficult cases at all levels of state and federal appeals courts, with recognized expertise in the written and oral advocacy necessary for success on appeals. He has represented clients ranging from Fortune 500 companies to individuals and small businesses in a broad range of appeals. He is past chair of the American Institute of Appellate Practice, an invitation-only association of experienced appellate attorneys. Mr. Kraus is also a member of the executive board of the American Bar Association Council of Appellate Lawyers and serves as its Michigan State Chair. He is a member of the State Bar of Michigan Appellate Practice Section Council.
In the health care law field, Mr. Kraus has represented individual health care professionals as well as hospitals, health systems, long-term care facilities and multi-practitioner clinics. He often counsels clients in the following areas:
- Licensing investigations and proceedings for health care professionals and facilities
- Regulatory and administrative matters for health care professionals, organizations and facilities
- Response to government investigations (criminal, civil and administrative)
- Reporting and disclosure obligations
- Defense of health care criminal charges
- HIPAA and privacy issues
The strategic and analytical expertise developed in his appellate practice has led Mr. Kraus to be involved in complex litigation involving commercial, business, governmental and constitutional matters.
Mr. Kraus was honored as 2006 Lawyer of the Year by Michigan Lawyers Weekly. He has received the Distinguished Brief Award for Exceptional Appellate Advocacy before the Michigan Supreme Court, and the Swift Award for Civility and Professionalism from the Ingham County Bar Association. He was appointed as a Special Master for the United States District Court for the Eastern District of Michigan.
Representation of State Bar of Michigan — Successfully defended the State Bar of Michigan in federal court in two cases involving constitutional challenges to the association’s character and fitness review process. The appellate decision held that Michigan's process for determining qualifications of attorneys is constitutional and that members of character and fitness committees are immune from suit.
2006 Michigan Lawyer of the Year for representation of University of Michigan Health System — Named as 2006 Lawyer of the Year by Michigan Lawyers’ Weekly based on successful representation of the University of Michigan Health System in a case before the Michigan Supreme Court case dealing with the qualifications of expert witnesses in medical malpractice claims. The lawsuit against a pediatric specialist was dismissed.
Representation of health care professionals in licensing investigations and proceedings — Over 30 years, I have represented numerous physicians, dentists, psychologists, physician assistants, nurses and other health care professionals in licensing investigations and proceedings. In many matters, the investigations were closed with no action taken against the licensed professionals.
Representation of hospital in state investigations — Representation of major hospital in response to allegations of numerous violations of Public Health Code.