Elder Justice Prosecutor Samples

Alleges: Count One - Breach of Contract; Count Two - Negligence; Count Three - Fraud and Misrepresentation; Count Four - Malpractice; Count Five - Unfair or Deceptive Acts or Practices

Argues Court must reverse dismissal and remand because: transcriber failed to deliver transcript to court; transcriber provided transcript to co-counsel; co-counsel sent transcript to court; transcript was filed before plaintiff filed motion; noncompliance was cured prior to hearing

Argues Court must affirm dismissal because: statements meant a complaint would be filed, university would be sued, and political connections would be used; complaint did not include probable cause information

Argues Court must reverse judgment because: evidence was insufficient to prove guilt beyond a reasonable doubt; testimony based on opinion constituted reversible error

Alleges: breach of contract and/or covenant of good faith and fair dealing; negligence; unfair trade practices; class action certification (2015)

Argues Court must affirm judgments because: facts showed defendant did not participate in wrongful conduct; plaintiff failed to proffer sufficient evidence to support alleged claims

Argues Court must reverse decision because: durable powers of attorney did not authorize attorney-in-fact to use principal's assets for personal benefit; court wrongly relied on lay witness opinion testimony; durable powers of attorney used to gain control of assets were executed after principal was disabled

Argues Court must affirm judgment because: material facts were undisputed; defendant did not engage in self-dealing; motion to release medical records was denied for lack of factual support

Argues Court must reverse orders and remand because: correct legal standards were not applied; complaint claims were viable; amended complaint alleged claim for aiding and abetting liability

Argues Court must reverse judgment because: court failed to find contempt; court failed to order pre-judgment interest; court failed to order interest from filingto full payment; court failed to order lump or attenuated payment; court failed to award legal fees

Alleges: Count I - Retaliation; Count II - Improper Employment Actions Due to a Report of Elder Abuse; Count III - Discrimination (Age and Gender), Retaliation, and Hostile Work Environment; Count IV - Wrongful/ Constructive Termination; Count V - Tortious Interference with Business and Contractual Relations; Count VI - Breach of Contract; Count VII - Breach of Implied Covenant of Good Faith and Fair Dealing; Count VIII - Breach of Oral Contract/ Promissory Estoppel; Count IX - Defamation, Libel and Slander; Count X - Invasion of Privacy; Count XI - Intentional Infliction of Emotional Distress; Count XII - Negligent Infliction of Emotional Distress; Count XIII - Civil Conspiracy; XIV - Requests for Relief

Alleges: Count I - Handicap Discrimination; Count II - The Massachusetts Protection from Retaliatory Action by Health Care Facilities Act; Count III - Reports of Abuse of Patients Act; Count IV - Intentional Infliction of Emotional Distress

Alleges: Count I - Negligence - Corp.; Count II - Negligence - D. D.; Count III - Negligence - S. A.; Count IV - Assault & Battery - Corp.; Count V - Civil Assault - D. D.; Count VI - Civil Assault & Battery - S. A.; Count VII - Intentional Infliction of Emotional Distress - Corp.; Count VIII - Intentional Infliction of Emotional Distress - D. D.; Count IX - Intentional Infliction of Emotional Distress - S. A.; Count X - Negligent Infliction of Emotional Distress - Corp.; Count XI - Negligent Infliction of Emotional Distress - D. D.; Count XII - Negligent Infliction of Emotional Distress - S. A.; Count XIII - Loss of Consortium - Corp.; Count XIV - Loss of Consortium - D. D.; Count XV - Loss of Consortium - S. A.; Count XVI - Respondeat Superior - Corp.; Count XVII - Respondeat Superior - Corp.

Argues Court must reverse guilty verdict and remand because evidence was insufficient to warrant a finding beyond reasonable doubt

Count I - Purchase Money Resulting Trust; Count II - Fraud and Deceit; Count III - Breach of the Implied Covenant of Good Faith and Fair Dealing; Count IV - Conversion; Count V - Quantum Meruit; Count VI - Violation of the Elder Protection Statute

Requests Court dismiss all claims because no facts support viable causes of action

Requests Court deny motion because: claims are viable; constructive trust and purchase money resulting trust fall outside statute of limitations and statute of frauds

Argues Court must reverse convictions and remand for new trial on one indictment or, in the alternative, vacate sentences and remand to dismiss lesser offense and order re-sentence on second indictment because: facts are insufficient on two counts of indictment; provisions of one statute are a lesser offense of another statute

Argues Court must affirm convictions because: evidence proves all offenses; convictions are proper; statute provisions contain distinct elements

Argues Court must reverse conviction or, in the alternative, remand because: judge admitted record of conviction as proof; evidence was insufficient to establish knowledge and intent; closing argument relied on inadmissible evidence; judge allowed jury to convict on theory; errors deprived defendant of due process

Argues Court must affirm orders' extension because: plaintiff's attorney-in-fact had standing; statute defined appellants' conduct; oral motion was denied; written findings were not required

Alleges breaches of care and malpractice

1. Agreed Upon Facts as Exhibit at Trial; 2. Statement by Parties of what they expect Evidence to show; Agreed Description of Case to be read to Jury During Empanelment; 4. Statement of Significant Legal Issues; 5. Witness Names and Addresses; 6. Expert Witness Disclosure; 7. Estimated Length of Trial 5 Days; 8. Itemization of Special Damages; 9. Certification by Counsel regarding settlement discussion

Affirmative Defenses: First - No Superior Right to Possession; Second - Equity; Third - Relief from Forfeiture; Fourth - Equitable Estoppel and/or Waiver; Fifth - Lack of Standing. Counterclaims: First - Negligent Infliction of Emotional Distress; Second - Unfair or Deceptive Acts in Violation of Massachusetts Consumer Protection Act

Argues Court must affirm judgment because victim lacked mental capacity to consent