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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 801 - 825 of 1552
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Argues Court must reverse decision because: population is aging; nursing home use is declining; senior housing with services and assisted living options are increasing; senior care providers must update and expand services

Minn.Stat. §144A.351 and §144D.01 and §144G.03, 2 and §504B.001 and §144D.04 and §144D.065 and §144D.08 and Minn.R. 7511

Minnesota
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Argues Court must affirm denial of conditional use permit because: application conflicts with comprehensive plan; expansion injures adjacent neighborhood; city rejects conditions suggestions

Minn.Stat. §394.22, 7 and §462.3595, 1 and §473.858 and §473.859, 1

Minnesota
Complaint, , 42 pgs
Other Materials

Alleges: First Cause of Action - Financial Exploitation of a Vulnerable Adult; Second Cause of Action - Discriminatory Targeting of Disabled Persons; Third Cause of Action - Violations of Covenants of Habitability; Fourth Cause of Action - Bad Faith Retention of Security Deposit; Fifth Cause of Action - Unlawful Bad Faith Ouster

Minn.Stat. §626.5572, 21 and Minn.Stat. §626.5572, 21(3), (4) and §626.5572, 9(b)(1), 9(b)(3) and §626.557, 20 and §504B.001, 7, 12 and §504B.161 and §504B.161, 1(b) and §157.17, 2, 1(a), 8 and §157.15, 8 and §504B.178 and §504B.178, 4, 7, 3(c), 2 and §504B.225 and §504B.231 and §555.01 and §333.06 and §549.02 and §549.04 and §563.01, 10 and §549.211 and ch. 144D and ch. 157

Minnesota
Amended Complaint, , 4 pgs
Other Materials

Alleges: Negligence

Minn.Stat. §549.211

Minnesota
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Alleges: abuse of vulnerable adult; neglect of vulnerable adult (2013)

609.233,Subd. 1.

Minnesota
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Argues Court must affirm judgment because: claims are barred by statute of limitations; claims are barred by credit agreement statute; claims are barred by parol evidence rule; district court denied plaintiff's motion to assert claim for reformation of the mortgage; district court denied plaintiff's motion to assert claim under Truth In Lending Act

Minn.Stat. §513.33, 1(1), 2 and §541.05 and §582.30, 2 and §626.557 and Minn.R.Civ.Proc. 15.01 and 56.03

Minnesota
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Argues Court must affirm order because: plaintiff failed to establish cause to vacate sale; plaintiff failed to commence action within applicable statute of limitations; plaintiff's amendments were futile; plaintiff failed to state claim for fraud, misrepresentation and negligent misrepresentation; plaintiff failed to state claim for promissory estoppel; plaintiff failed to state claim for mutual mistake of fact

Minn.Stat. §541.05 and §580.02 and §580.03 and §580.06 and §580.08 and §582.30 and Minn.R.Civ.Proc. 9.02

Minnesota
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Argues Court must determine omissions are actionable and apply Consumer Fraud Act because: CFA prohibits material omissions; CFA does not require disclosure; different types of evidence may prove damages; CFA applies to claims against regulated entities

Minn.Stat. §8.31 and §45.026 and §60K.46 and §325F.68 and §325F.69 and §325F.71 and §645.08(1) and §645.16

Minnesota
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Argues Court must disregard claims relating to decedent's estate plan because: protected spouses are not similar to other spouses; a court hearing must precede conservator's elective share portion filing

Minn.Stat. §524.2-212 and §524.5-120 and §524.5-411 and §524.5-417(b), (c)(3)

Minnesota
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Recommends jury consider aggravating factors in financial exploitation of vulnerable adult because: there were multiple incidents per victim; monetary loss exceeded statutue minimum; exploitation occurred over time; defendant's status facilitated offenses; defendant breached trust, confidence and fiduciary relationships; defendant had history of similar offenses

Minn.Stat. §609.2335, 1(1)(ii) and §609.52, 3(1) and §523.21

Minnesota
Complaint
, , 4 pgs
Other Materials

Alleges: abuse of vulnerable adult; neglect of vulnerable adult (2013)

Minnesota
Other Materials

Neglect of a Vulnerable Adult

Minnesota
Hird Amended Complaint, , 6 pgs
Other Materials

Alleges: Count I - Lack of Consideration; Count II - Unilateral Mistake; Count III - Unjust Enrichment/Quantum Meruit; Count IV - Breach of Contract; Count V - Conversion; Count VI - Financial Exploitation

Minn.Stat. §626.5572, 21, 9 and §626.557, 20

Minnesota
Complaint, , 5 pgs
Other Materials

Alleges: Count 1 - Fraud and Misrepresentation; Count 2 - Negligent Misrepresentation; Count 3 - Promissory Estoppel; Count 4 - Mutual Mistake; Count 5 - Set Aside; Count 6 - Financial Exploitation of a Vulnerable Adult

Minn.Stat. §580.03 and §580.06 and §580.08 and §626.5572, 21, 9, 2

Minnesota
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Recommends Court grant motion because: claims are barred by statutes of limitation; claims are barred by credit agreement statute; claims are barred by parol evidence rule

Minn.R.Civ.P. 12.03 and 56 and 56.05 and Minn.Stat. §541.01 and §541.05 and §626.557, 20 and §626.5572, 9 and §541.05 1(6) and §513.33

Minnesota
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Argues Court must reverse actions and remand because: court denied continuance for discovery; court dismissed plaintiff's claim of undue influence; court erred not vacating summary judgment on grounds of excusable neglect; court erred awarding defendant attorney's fees

Minn.Stat. §525.71(a) and Minn.R.Civ.Proc. 11, 56.06, 60.02

Minnesota
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Argues Court must reverse order or, in the alternative, reverse order and remand because: court erred appointing a conservator; conservatorship appointment was an abuse of discretion; court erred granting protective powers; statutory construction requires a bond

Minn.Stat. §524.5-310 and §524.5-401(2) and §524.5-413(a)(2), (c), (d) and §524.5-415 and §645.26, 1

Minnesota
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Argues Court must reverse order and remand because: accounts belonged to estate; defendant had to prove ownership; defendant seized accounts before testator's death; defendant violated fiduciary duties; rationale to award certificates was unsound

Minn.Stat. §524.6-203(a) and §524.6-204 and §528.04(a) and §645.19 and §525.71 and Minn.R.Evid. 301

Minnesota
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Argues Court must affirm judgment because: evidentiary record supported findings; co-personal representative breached fiduciary duties; fiduciary breaches damaged estate beneficiaries

Minn.Stat. §524.3-703 and §524.3-706 and §524.3-712 and §524.3-713 and §524.3-714 and §524.3-717 and §524.3-719 and §604.02 and Minn.R.Civ.Proc. 52.01 and 52.02

Minnesota
Other Materials

Alleges: financial exploitation of vulnerable adult; abuse of vulnerable adult; neglect of vulnerable adult (2012)

Minnesota
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Argues Court must affirm court's orders because: district court considered all factors; appellants failed to establish substantial prejudice

Minn.Stat. §573.01 and Minn.R.Civ.Proc. 12.02 and 41.01

Minnesota
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Recommends Court grant judgment or, in the alternative, a new trail because: court excluded plaintiff's expert rebuttal witnesses; defendants' failed to disclose its experts; defense counsel failed to disclose defendant's pretrial affidavit; court excluded plaintiff's rebuttal expert evidence; court awarded attorney fees against plaintiff after denying plaintiff's motion to compel depositions of treating physicians; court denied plaintiff's motion for leave to depose defendants' experts; court granted defendants' motion in limine prohibiting argument, insinuation or reference to violation of Hippocratic Oath; court denied plaintiff equal protection and due process

Minn.R.Civ.Proc. 50 and 59.01(f), (c), (b) and 35.04 and 50.02 and 59.01(c) and 26.02(e) and 26.02(a)(A)(i) and 26 and 35.03 and 37.01(d) and 26.03 and 26.02 and Minn.Stat. §145.682 and §595.02, 5 and §645.08(1) and §645.16 and §145.682, 4

Minnesota
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Recommends Court require temporary funding for all Medicaid services and publicly funded programs providing care to seniors

Minn.Stat. §144.651, 29 and §626.557 and §626.5572 and §626.557, 1 and §626.5572, 21, 6 and §256B.41, 2 and §256B.421 and §256B.431 and §256B.432 and §256B.433 and §256B.47 and §256B.48 and §256B.50 and §256B.502

Minnesota
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Requests leave to file amicus brief and to present oral argument because: Aging Services of Minnesota and Care Providers of Minnesota support motion to dismiss; Aging Services and Care Providers can present cases neither Plaintiffs nor Defendants have interest or resources to show

Minn.Stat. §144.651, 29 and §256B.0915

Minnesota
Complaint, , 15 pgs
Other Materials

Alleges: First Cause of Action - Discrimination on Basis of a Disability; Second Cause of Action - Discrimination with Regard to Public Assistance; Third Cause of Action - Reprisal Against a Person Who Opposes Discriminatory Practices; Fourth Cause of Action - Violations; Fifth Cause of Action - Conversion

Minn.Stat. §363A.09 and §363A.15 and §626.557, 20, 1 and §626.5572, 9, 9(b), 21(4) and §363A.09, 1(2) and §555.01 and §549.211, 1

Minnesota
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