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Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 601 - 625 of 1552
Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment, , 14 pgs
Trial Pleadings

Recommends Court deny summary judgment motion because: there are issues of material fact; defendants must be deposed on issue of independent oversight

La. Code Civ. Proc. Ann. art. 966(B) and art. 966C(1) and art. 967 and La. Code Evid. Ann. art. 202 and art. 902 and La. Civ. Code Ann. Art. 2700

Louisiana
Original Brief on Behalf of Marilyn Banks, Appellee and Cross-Appellant, , 11 pgs
Other Materials

Argues Court must reverse or modify trial court judgment and dismiss defendant's suit with prejudice or, in the alternative, award plaintiff 1/2 for services rendered decedent because: court erred not determining inter vivos payment extinguished defendant's demand; court erred not determining pour autrui stipulation between plainfiff and defendant estopped defendant's demand; court erred not rendering judgment for plaintiff upon reconventional demand against estate; court erred not rendering judgment for plaintiff upon third party demand against defendant for 1/2 value of services rendered

La. Civ. Code Ann. art. 229 and art. 870 and art. 1523 and art. 1524 and art. 1525 and art. 1526 and art. 1761 and art. 1909 and art. 1971 and art. 1978 and art. 1979 and art. 1983 and art. 2298 and art. 3544 and La.Rev. Stat.Ann. §13:3721

Louisiana
Plaintiff Shirley Frught's Opposition to Lafayette Insurance Company's Motion for Partial Summary Judgment, , 3 pgs
Trial Pleadings

Requests Court deny summary judgment hearing because burden of proof is on insurer not elderly insured (2010)

La. Code Civ. Proc. art. 2164 La. Rev. Stat. 22: §1318

Louisiana
Original Brief on Behalf of Veronica McCoy Defendant - Appellant, , 5 pgs
Other Materials

Argues Court must vacate sentence and remand for resentencing because: maximum sentence for first time offender is excessive; defendant was not professional health care provider; defendant would favorably respond to probationary treatment

La.Rev.Stat.Ann. §14:93.3 and La. Code Crim. Proc. Ann. art. 894.1

Louisiana
Original Brief on the Merits Filed on Behalf of Appellee, The State of Louisiana, , 5 pgs
Other Materials

Argues Court must affirm sentence because: sentence was not excessive; defendant cannot seek review of plea agreement sentence; defendant failed to specify reconsideration motion

La.Rev.Stat.Ann. §14:93.3 and La. Code Crim. Proc. Ann. art. 881.2 and art. 881.1 and art. 84. and art. 894.1

Louisiana
Opposition to Judgment Not Withstanding the Verdict (JNOV) or Alternatively Motion for New Trial and/or Remittitur, , 15 pgs
Trial Pleadings

Request Court deny JNOV or, in the alternative, motion for new trial or, in the alternative, remittitur because: defense failed to have Department of Health and Hospitals representative testify; jury was presented expert opinions on breaches of applicable standards; defense failed to present analysis of case facts showing abuse of discretion; jury's award was supported by jurisprudence and case facts; defense's argument for prescription was denied

La. Code Civ. Proc. Ann. art. 1811 and art. 1972 and art. 1631 and La.Rev.Stat.Ann. §14:42 and La. Civ. Code Ann. §2315(B)

Louisiana
Original Brief on Behalf of the Louisiana State Board of Practical Nurse Examiners, Defendant-Appellee, , 13 pgs
Other Materials

Argues Court must affirm judgment because: plaintiff failed to disprove charges; plaintiff failed to prove trial court committed legal error; plaintiff failed to prove trial court abused its discretion

La.Rev.Stat.Ann. §37:969(A)(4)(f), (g) and §49:964(G) and §49:964(G)(6) and La. Admin. Code tit. 40 §306(T)(8)(a), (j)

Louisiana
Joint Pre-Trial Order, , 11 pgs
Other Materials

Submitted to Court: Names of Parties and Attorneys; Summary of Facts by Plaintiff; Summary of Facts by Defendant; Stipulations; Possible Stipulations; Contested Issues of Fact and Law; Defendant's List of Witnesses and Areas of Testimony; Defendant's List of Expert Witnesses and Field of Expertise; List of Defendant's Exhibits; Objections to Plaintiff's Exhibits; Medical Summary; Citations, Authorities and Quantum; Suggested Jury Charges; Suggested Jury Interrogatories

La.Rev.Stat.Ann. §9:2800 and §23:1032 and §13:5101 et seq. and §9:2798.1 and La. Civ.Code Ann. art. 2315 and art. 2322 and art. 2317.1

Louisiana
Original Appellant Brief of Appellant Maxine Kunselman Rearick, , 10 pgs
Other Materials

Argues Court must reverse trial court's findings because: trial court used improper standard of proof requirement; donation was null ab initio on the basis of duress or was revoked on the basis of donee's ingratitude

La.Civ.Code Ann. art. 215 and art. 1478 and art. 1479 and art. 1541 and art. 1556 and art. 1557 and art. 1558 and art. 1559 and art. 1560

Louisiana
Original Brief on Behalf of Appellees, Carole Garell Mahoney and Lanny Joseph Garell, , 6 pgs
Other Materials

Argues Court must affirm trial court granting motion for summary judgment because: donation was signed before notary and two witnesses; donation reserved subsistence based on donor's assets, previous lifestyle and needs

La. Civ. Code Ann. art. 1498 and art. 1558 and art. 1833 and La. Code Civ. Proc. Ann. art. 966(c )(2)

Louisiana
Plaintiff's Opposition to Defendants' Motion for New Trial, , 9 pgs
Trial Pleadings

Requests Court deny motion for new trial because it fails to raise or establish an issue "contrary to the law and the evidence" (2009)

La. Civ. Code art. 1954 and 1948 and 1953 and 1957 and 2363 and 1972(1) and La. Riv. Stat. §13:3666B and La. Code Civ. Proc. Art. 926A(6)

Louisiana
Complaint, , 13 pgs
Civil Case Pleadings & Materials

Alleges: theft of aged or disabled person's assets; abuse of elderly person; exploitation of infirmed person; violation of fiduciary duties (2009)

La. Code Civ. Proc. Ann. Art. 4556 and 2541 and 4231(5) and La. Rev. Stat. §14:67.21 and 14:93.4

Louisiana
Original Brief of Appellee, State Board of Certified Public Accountants of Louisiana, , 12 pgs
Civil Case Pleadings & Materials

Argues allegations of negligence, fraud, breach of fiduciary, deceit, personal enrichment, standards violations, fiscal dishonesty and unprofessional conduct affirm Board's decision because findings of fact and conclusion of law are not arbitrary, capricious, contrary to rule and regulations, violation of due process (2008)

La. Rev. Stat. §37:79(A)(4) and §37:79(A)(7) and §37:79(A)(8) and §37:79(A)(11) and §13:3734.3 and La. Admin. Code §46:X.1701(B) and §46:XIX.1703© and §46:XIX.1707(A)(2) and §46:XIX.1707(A)(11)and La. Code of Evid. Art. 506(D)

Louisiana
Post-Trial Memorandum, , 10 pgs
Trial Pleadings

Recommends Court dismiss with prejudice and costs because: burden of proof not met; presumption of fault not rule of law; death certificate shows primary cause obstructive apnea (2007)

La. Rev. Stat. §40:2010.8(A)(6) and §40:2010.8(A)(7) and §40:2010.8(A)(10)

Louisiana
Plaintiff's Response to Defendants' Motion for Daubert-Foret Hearing, , 6 pgs
Trial Pleadings

Requests Court deny defendants' motion because testimony of expert witnesses in psychiatry, forensic psychiatry, addictive medicine and geriatrics aid in understanding mental competence and determining undue influence (2007)

La. Code Evid. art. 702 and La. Code Crim. Proc. art. 650

Louisiana
Original Brief of First Baptist Church of Shreveport, Appellee, , 16 pgs
Other Materials

Argues District Court considered: evidence; witnesses' credibility; elderly adult's lack of testamentary capacity; Second Will's beneficiary's undue influence. Requests Court deny appeal (2005)

La. Civ. Code art. 1477; La. Civ. Code art. 1483; LSA Code of Evidence, Article 404.B(1)

Louisiana
Memorandum of Law in Support of Motion for Summary Judgment, , 16 pgs
Trial Pleadings

Recommends Court issue declaration for: judgment awarding future monthly survivorship payments directly to plaintiff from Fund; 19.42% community property interest for back Fund payments; all costs to plaintiff (2004)

La. Civ. Code art. 2338 and 2336 and 13 and La. Rev. Stat. §9:2801 and §11:3389 and §11:291 and §11:291(B) and §11:1 and §11:2 and §11:3 and §11:292 and §11:704 and §11:291(D) and §11:3361 and §11:3363(F) and §9:2801 and Louisiana Administrative Code Title 58, Part 5, Chapter 1, §§101 - 113

Louisiana
Memorandum in Support of Motion to Strike and for Summary Judgment or for Partial Summary Judgment, , 10 pgs
Trial Pleadings

Recommends Court grant motion because suit fails to establish: falsity of allegations; lawsuit filed with malice; affirmations made specifically against plaintiff; Ethics Complaint published; torts of abuse of process or malicious prosecution; intentional emotional distress (2003)

La. Rev. Stat.§42:1141(E)(12) and §42:1141(13)(a)

Louisiana
Petition for Damages and for Certification as a Class Action, , 6 pgs
Trial Pleadings

Requests Court: certify matter as class action; render judgment individually and on behalf of all class members; render damages for costs, legal and equitable relief (2002)

Louisiana
Amended and Supplemental Petition for Damages and to Appoint Curator Ad Hoc, , 4 pgs
Trial Pleadings

Requests: curator ad hoc be served, cited and required to answer Petition; Court render judgment to compel accounting of 65 year old father's assets in 2000; damages award for property conversion, breach of mandatory duty, breach of fiduciary duty, emotional distress (2002)

La. Code Crim. Proc. Art. 5091(A)(1)(a)

Louisiana
Petition, , 4 pgs
Trial Pleadings

Requests Court issue order restraining son from calling or visiting elderly petitioner. Requests Court enter judgment in favor of petitioner requiring: stock certificate(s) turn over; January and February 2001 distribution payments; shareholder distributions not made by judgment date; damages and costs (2001)

Louisiana
Memorandum in Support of Motion for Additur and/or Judgment Notwithstanding the Verdict and, in the Alternative, for New Trial, , 6 pgs
Trial Pleadings

Recommends Court enter an additur, motion for judgment or motion for new trial because jury: abused discretion; awarded general damages; did not award expenses; awarded lower than proposed support damages (1999)

La. Code Civ. Proc. art. 1814 and 1972 and 1973 and 1811 and 1736

Louisiana
Defendants Pre-Trial Memorandum, , 7 pgs
Trial Pleadings

Recommends Court annul Will and distribute estate on intestate basis because: 92 year old lacked requisite capacity to manage or dispose of property; Will's execution unduly influenced (1998)

La. Civ. Code art. 1477 and 1479

Louisiana
Brief of the Defendant-Appellee Mary Jane Petit, , 7 pgs
Other Materials

Argues Court must affirm judgments because: court rejected plaintiff's testimony on matters in controversy; court found defendant co-owned bank accounts; court found no delivery or bailment; court denied plaintiff's motion for attorney's fees

(Intentionally Left Blank)

Massachusetts
Appellants' Brief, , 15 pgs
Other Materials

Argues Court must overturn disposition and reverse orders because: judge failed to conduct burden-shifting analysis; judge discounted medical records; judge failed to credit expert testimony; judge's evidentiary determination was based on misunderstanding of medical terminology; judge erred applying legal standard for undue influence; attorney's fees were improperly awarded

Mass.Gen.Laws ch. 215, §45

Massachusetts
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