Staffed with a deep bench of seasoned litigators, we stand ready to tackle whatever problems arise in the quickest, most cost-effective way possible. We tailor our litigation strategy to match our client’s goals, handpicking the correct team for each matter. Then, laser focused on efficiency, we use early and aggressive case assessment to map out the most expeditious path forward.

We represent assisted living facilities and nursing homes before various regulatory boards across the country. We also litigate Certificate of Need (CON) matters involving operating rooms, acute care beds, skilled nursing beds, assisted living beds, hospice offices, hospital and skilled nursing renovation and expansion projects, as well as numerous malpractice actions and False Claims Act claims.

Fox attorneys have:

• Represented hospices, skilled nursing facilities, assisted living facilities and hospitals in Certificate of Need (CON) litigation from administrative hearing to appeal.
• Handled appeals of long-term care survey and penalty enforcement actions, representing skilled nursing facilities before the Federal Office of Administrative Hearings and the Departmental Appeals Board.
• Represented nursing homes and hospitals faced with fast track termination of Medicare/Medicaid Certification. The work included the preparation of documents to be filed in federal court and negotiating with the Centers for Medicare & Medicaid Services.
• Represented a nursing home at trial in a commercial real estate matter, securing a final judgment against a landlord that extended the client’s lease term by five years. The court ruled the landlord breached a duty of good faith and fair dealing.
• Represented a nursing home at trial, securing a favorable judgment declaring the operator – not the landlord – to be the owner of the “bed rights” and license.
• Obtained denial of class certification and dismissal through a JAMS arbitration while representing a southern California skilled nursing facility.
• Represented a nursing home operator/lessee against a municipality owner/lessor in a dispute over the ownership of Certificate of Need (CON) rights.
• Represented startup Continuing Care Retirement Community (CCRC) in appeal regarding the denial of tax-exempt bond financing.
• Defended a long-term care provider in a lease dispute.
• Represented a New York rehabilitation center while successfully resolving litigation relating to defamation claims, ERISA violations and breach of contract relating to alleged insurance fraud.
• Served as counsel in federal court litigation concerning ownership of Certificate of Need (CON) rights to skilled nursing facility following a bankruptcy sale.