Michael B. Kornhauser is a partner with Fuerst Ittleman David & Joseph. He practices in the areas of commercial and civil litigation, representing a multitude of businesses and clients. However, Michael maintains a primary practice representing nursing homes throughout Florida in the following areas:
- Defending nursing homes in negligence litigation, wrongful death litigation, and employment litigation;
- Representing nursing homes in business-to-business disputes (i.e. commercial litigation);
- Negotiating and drafting nursing home and related business agreements;
- Representing nursing homes in acquisitions;
- Negotiating and drafting nursing home operator leases;
- Representing nursing homes in landlord/tenant disputes;
- Representing nursing homes in collection matters;
- Serving as outside general counsel to nursing homes;
- Consulting nursing homes on day-to-day employment law issues;
- Consulting nursing homes on compliance with Florida statutes, Florida Administrative Code, and Federal regulations;
- Representing nursing homes in unemployment law hearings and appeals;
- Defending nursing homes faced with Equal Employment Opportunity Commission (“EEOC”) Charges;
- Defending nursing homes faced with county-specific wage theft allegations;
- Conducting and/or directing pre-litigation incident investigations;
- Drafting and litigating appeals of Agency for Health Care Administration (“AHCA”) action before the Florida Division of Administrative Hearings;
- Drafting and litigating appeals of Centers for Medicare and Medicaid Services (“CMS”) action before Administrative Law Judges with the U.S. Department of Health and Human Services, Departmental Appeals Board;
- Handling nursing home discharge hearings;
- Representing nursing homes in government audits;
- Representing nursing homes in local code enforcement issues;
- Assisting nursing homes with drafting compliant Plans of Correction;
- Drafting Independent Informal Dispute Resolution (“IIDR”) submissions;
- Interfacing with counsel for AHCA and/or CMS regarding disputed issues, with an eye toward resolving matters pre-litigation;
- Drafting nursing home rule variance requests;
- Engaging in pre-litigation dispute resolution; and
- Handling requests for nursing home (and related) records, along with all other legal correspondence directed to nursing homes.
On those nursing home matters requiring litigation, Michael has handled such matters from inception through jury trial and, when necessary, appeals. Michael also authors a blog discussing legal issues facing skilled nursing facilities throughout the state of Florida: www.representingnursinghomes.com.
In addition, Michael regularly handles matters beyond the confines of nursing homes. More specifically, Michael has represented clients in corporate shareholder disputes, construction litigation, probate litigation, real estate litigation, brokerage disputes, commercial and residential landlord/tenant disputes, domestic relations litigation, judgment execution/collections, and various contract and business-to-business disputes.
Michael is admitted to practice law in each state court throughout Florida, along with the U.S. Court of Appeals for the Eleventh Circuit, the U.S. District Court for the Southern District of Florida, and the U.S. District Court for the Middle District of Florida.
Michael was born in New Jersey and was raised in South Florida. He attended the University of Central Florida in Orlando, Florida where he graduated with a bachelor’s degree in General Business (and a minor in Legal Studies). Michael graduated from Stetson University College of Law in 2006 and has since been recognized by Florida Super Lawyers Magazine as a “Top Young Lawyer” in Florida.
- Stetson University College of Law Gulfport, Florida J.D.
- University of Central Florida Orlando, Florida B.A., General Business (with a Minor in Legal Studies)
- U.S. Court of Appeals for the Eleventh Circuit
- United States District Court – Southern District of Florida
- U.S. District Court for the Middle District of Florida