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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 676 - 700 of 1552
Plaintiff-Appellant's Brief, , 15 pgs
Other Materials

Argues Court must reverse judgment and remand because: statute of limitations did not commence upon probate complaint filing; court should toll statute of limitations

Mass.Gen.Laws ch. 211B, §9 and Mass.Gen.Laws ch. 215, 3, §6 and Mass.Gen.Laws ch. 260, §2A

Massachusetts
Brief for the Defendant-Appellee, Cambridge Housing Authority, , 7 pgs
Other Materials

Argues Court must dismiss appeal because: re-litigating was estopped by doctrine of res judicata; accommodation request was unreasonable; statute of limitations matter was moot

Mass.Gen.Laws ch. 151B and Mass.Gen.Laws ch. 151B, §4 amd Mass.R.Civ.Proc. 13

Massachusetts
Plaintiff Town of Wellesley's Motion for an Order Dismissing the Complaint, , 4 pgs
Other Materials

Requests Court allow motion or, in the alternative, if counterclaims pled, dismiss counterclaims with prejudice because: premises habitability is no longer an issue; counterclaims are not supported by pleadings

Mass.R.Civ.Proc. 41(a)(2)

Massachusetts
Plaintiff's Opposition to Defendant's Motion to Dismiss, , 4 pgs
Trial Pleadings

Requests Court deny motion because: claims not subject to relief in will contest; legal malpractice affirmation lacks standing; breach of fiduciary, confidential duties and contract affirmation independent of malpractice claim (2010)

Mass.R.Civ.P. 12(b)(6) and Mass. Gen. Laws ch. 212 §4 and ch. 230 §5

Massachusetts
Commonwealth's Motion In Limine to Admit Limited Testimony Regarding the Victim's Background, , 3 pgs
Motions in Limine

Requests Court admit victim's photograph with testimony regarding victim's background, age (2009)

Massachusetts
Memorandum of Law in Support of the Defendants' Motion to Dismiss the Plaintiff's Complaint or, in the Alternative, for a More Definitive Statement, , 5 pgs
Trial Pleadings

Recommends: Court: dismiss complaint; dismiss plaintiff's age, religion and state discrimination claims for failure to comply; require remaining claims statement (2007)

Mass. Rule of Civ. Proc. 12(c ) and 12(b)(6) and 8(a) and Mass. Gen. Laws ch. 151B §19

Massachusetts
Complaint, , 4 pgs
Trial Pleadings

Alleges implementation of settlement agreement necessary because sums due with costs and interest for declaratory judgment. Requests Court issue binding declaration of rights, duties, status and legal relations (2007)

Mass. Gen. Laws ch. 19A §14 and ch. 212 §3 and §4 and ch. 231A §1 and Mass.R.Civ.P. 38

Massachusetts
Brief and Record Appendix for the Defendant/ Appellant, , 7 pgs
Other Materials

Argues Court must remand with order to reverse judgment because: hearsay evidence was accepted; inherently unreliable evidence was included

Mass.Gen.Laws ch. 233, §79

Massachusetts
Complaint , , 7 pgs
Civil Case Pleadings & Materials

Alleges: breach of fiduciary relationship; breach of confidential relationship; misrepresentation; deceit; fraud; conversion; undue influence; interference with inheritance (2006)

Massachusetts
Complaint, , 5 pgs
Civil Case Pleadings & Materials

Alleges: fraud; undue influence; breach of contract; breach of fiduciary duty; breach of confidential duty; negligent infliction of emotional distress; intentional infliction of emotional distress (2006)

Massachusetts
Verified Complaint for Injunctive Relief and Money Damages, , 5 pgs
Trial Pleadings

Alleges: disability discrimination; unlawful retaliation (2004)

Mass. Gen. Laws ch. 151B §4.2 and §4.16 and §4.4A and §4 and §9 and Mass.R.Civ.P. 38 and 39(c )

Massachusetts
Complaint and Demand for a Jury Trial, , 10 pgs
Trial Pleadings

Alleges: breach of contract; negligence; breach of warranties; unfair or deceptive acts or practices; respondeat superior; negligent hiring, supervision & retention; loss of consortium; negligent infliction of emotional distress (2002)

940 Mass. Code Regs. §4.00 et seq. and §4.06(12) and §4.06(19) and §4.06(16) and §4.08(13) and §4.08(16) and §4.08(17) and §4.07(1)(2)(4)(8) and(12) and §4.02 and §4.02(1) and Mass. Gen. Laws ch. 93A §2 and §2(c ) and §9

Massachusetts
Indictment, , 8 pgs
Indictments & Informations

Charges 1 Count: break and entry burglary and armed assault; Charges 1 Count: assault person 60 years of age or older with dangerous weapon; Charges 1 Count: armed assault of person 60 years of age or older with intent to rob; Charges 1 Count: assault and battery of person 60 years of age or older (1999)

Mass. Gen. Laws ch. 266, §14 and ch. 265, §15B(a) and §18(a) and §13K(b)

Massachusetts
Commonwealth's Statement of Case, , 2 pgs
Other Materials

Alleges: elder abuse; abuse of Alzheimer's disease patients (1998)

Mass. Gen. Laws ch. 265 §13K(b) and §38

Massachusetts
Reply Brief for Appellants, , 6 pgs
Other Materials

Argues Court must reverse order and remand because: appellees fail to demonstrate lack of personal jurisdiction; appellee fails to establish service improper; appellee fails to establish summons unenforceable; appellants' appeal is not premature

(Intentionally Left Blank)

Maryland
Brief for Appellee Kerry Stephenson, , 13 pgs
Other Materials

Argues Court must deny appeal because: appellee was not properly served; appellants' appeal is premature; claims remain; courts lack personal jurisdiction over appellee

Md. Code Ann. Const. art IV, §18(a) and Md. Code Ann. Cts.&Jud.Proc. §12-301

Maryland
Complaint, , 15 pgs
Trial Pleadings

Alleges: Count I - Negligence - Family Touch Assisted Living; Count II - Negligence - Montia Farmer; Count III - Intentional Torts - Assault and Battery; Count IV - Negligent Hiring, Retention and Supervision; Count V - Negligence Per Se; Count VI - Negligent and/or Fraudulent Misrepresentation and Omissions

Md. Code Ann. Cts.&Jud.Proc. §3-2A-01 et seq. and Md. Code Ann. Crim. Law §3-605(b)(1)

Maryland
Brief of Amici Curiae, , 9 pgs
Other Materials

Argues Court must affirm judgment because: ambiguous policy terms should be construed in insured's favor; majority rule is necessary to ensure companies do not have litigation advantage; unremediated insurance claim denials devastate low and moderate income policyholders

(Intentionally Left Blank)

Maryland
Brief of Appellant John Wilson & Record Extract, , 10 pgs
Other Materials

Argues Court must reverse and remand case to circuit court with directions to develop facts because: trial court had jurisdiction; trial court failed to consider factors determining guardianship

Md. Code Ann. Est.&Trusts §13.5 and §13.5-101(g), (o) and §13.5-103 and §13.5-105(a), (b)(1) and §13.5-201 and §13.5-201 through 207 and §13.5-201(1), (2)(i), (ii), (2)(ii), (3) and §13.5-202(a) and §13.5-204 and §13.5-204(a), (c ), (c)(1)-(9) and §13.5-207(1) and §13.5-301 and §13.5-302 and §13.5-401 through 403

Maryland
Petitioners' Brief, , 29 pgs
Other Materials

Argues Court must reverse mandate and affirm judgment because: testimony was properly excluded; witness lacked experience and qualifications; respondents failed to establish prima facie case; package insert's statement was properly excluded

Md. Code Ann. Health Occ. §14-301 and §14-601 and §14-602 and §14-606 and Md. Code Ann. Cts.& Jud.Proc. §3-2A-01, 02(b), (c), (c)(1), (c)(2) and §3-2A-04(b)

Maryland
Petitioner's Reply Brief, , 13 pgs
Other Materials

Argues Court must reverse mandate and reinstate judgment in petitioners' favor because: court properly limited testimony; package insert rulings were proper; judgment in petitioners' favor was mandated as a matter of law

Md. Code Ann. Cts.&Jud.Proc. §3-2A-02(c)(1) and §3-2A-04

Maryland
Brief of Appellee, , 8 pgs
Other Materials

Argues Court must affirm judgment because: vulnerable adult failed to receive necessary assistance, resources and medical treatment; neglect caused vulnerable adult's injury

Md. Code Ann. Crim. Law §3-204 and §3-604 and §3-605

Maryland
Verified Complaint, , 9 pgs
Trial Pleadings

Alleges: Count I - Defamation - Libel/Slander; Count II - Invasion of Privacy - False Light; Count III - Unjust Enrichment - Fraudulent Scheme; Count IV - Deceptive Trade Practice

Md. Code Ann. Com. Law §13-101 et seq. and §13-408(b)

Maryland
Brief Amici Curiae of AARP, the University of Maryland Law School Consumer Protection Clinic, Civil Justice Inc., Maryland Legal Aid Bureau, Inc., National Association of Consumer Advocates, National Consumer Law Center, and Public Justice Center,..., , 15 pgs
Other Materials

Argues Court must reverse judgment because: bank records subjectively integrated into debt buyer's accounts are inadmissible as evidence; debt buyer cases require evidence proving liability and damages; judicial proceedings must preserve due process and protect fairness

(Intentionally Left Blank)

Maryland
Brief of Amicus Curiae Legal Aid Bureau, Inc. in Support of Petitioner, , 11 pgs
Other Materials

Argues Court must reverse judgment because: consumer debt purchasers abuse procedural and evidentiary shortcuts; consumer debt buyers admit evidence by waiver; debt buyers circumvent requirements; court must exclude unreliable evidence

Md. Code ann. Bus.Occ.&Prof. §10-206(b)(4) and Md. Code Ann. Cts.&Jud.Proc. §4-401 and §4-405 and §6-403

Maryland
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