Richard E. Hillary II

Richard (Dick) E. Hillary, II, is a member of Miller Johnson and has been practicing law since 1996. He is a commercial litigator. Mr. Hillary represents a wide variety of business entities and individuals; including hospitals, physician groups, large and small corporations, and individuals in all facets of litigation. Before joining Miller Johnson, Mr. Hillary served as law clerk for the Honorable William B. Murphy of the Michigan Court of Appeals.

Health Care Reimbursement

Mr. Hillary counsels and represents hospitals and physician groups in recovering payment for medical services from insurance companies, ERISA health benefit plans, and other payers. Mr. Hillary is a member of Miller Johnson’s Health Care Provider Reimbursement Practice Group. His expertise is in obtaining insurance reimbursement for patient accounts.

He has successfully litigated numerous cases against insurance companies on issues such as intentional-act exclusions, priority disputes, medical necessity, and the reasonableness of medical charges. In addition to recovering unpaid and overdue medical charges on behalf of his health care provider clients, Mr. Hillary has recovered penalties, including attorney fees and interest, many times. The penalties that he has collected have often exceeded the amount of the underlying claim.

ERISA Litigation

Mr. Hillary is a member of Miller Johnson’s ERISA (Employee Retirement Income Security Act) litigation practice group. He represents and counsels businesses, employers, insurers, retirement and welfare benefits plans, third-party claim administrators, hospitals, and others in connection with claims for benefits, breach of fiduciary duty, and other disputes arising under ERISA. Mr. Hillary regularly represents disability insurance carriers, employers as plan sponsors and administrators, and claim administrators in both routine and complex employee benefits litigation in state and federal court.

Commercial Litigation

Mr. Hillary represents individuals and corporations in prosecuting and defending a variety of commercial cases, including claims of breach of contract, negligence, shareholder oppression, and many others.

White Collar Crime and Regulatory Compliance

Mr. Hillary advises physicians, hospitals, and other health care providers on the complex issues involved in complying with federal and state criminal laws and regulations relating to the health care industry.

Appellate Practice

As a former law clerk for the Michigan Court of Appeals, Mr. Hillary’s background provides a unique expertise in handling all types of appeals, both civil and criminal. He has successfully briefed and argued numerous appeals in state and federal court.

Professional Affiliations, Activities and Honors

Mr. Hillary is a member of the Federal Courts for the Western and Eastern Districts of Michigan, and the Sixth Circuit Court of Appeals. He also is a member of the State Bar of Michigan, the Grand Rapids Bar Association, and the Federal Bar Association for the Western District of Michigan.

Mr. Hillary is active with the Grand Rapids Bar Association where he is the past Chair of the Litigation Section and an elected Trustee for 2009-2012. He is the past-President for the Gerald R. Ford American Inns of Court. Mr. Hillary recently served as the Vice Chair of Miller Johnson’s Litigation Section. He also serves as a Trustee for the Kent County Legal Assistance Center. Mr. Hillary is listed in “The Best Lawyers in America®” for Commercial Litigation.

Education

Mr. Hillary received his law degree in 1996 from the University of Toledo, where he was a published member of the University of Toledo Law Review, and his undergraduate degree in 1992 from the University of Michigan.