Skip to main content

Elder Justice Initiative Home

Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
Displaying 851 - 875 of 1552
Appellant's Substitute Reply Brief, , 10 pgs
Other Materials

Argues Court must reverse and remand because: defendant was not charged with committing acts; findings failed to prove defendant secluded elderly adult to prevent others rendering aid; findings failed to prove defendant's contractual duty to care for vulnerable adult; instruction did not require jury find failure to perform an unspecified duty

Mo.Rev.Stat. §1.010 and §556.026 and §562.011

Missouri
Appellant's Statement, Brief, and Argument, , 9 pgs
Other Materials

Argues Court must reverse judgment and remand because: appellant's motions to suppress statement to police were denied; appellant's motion for relief was denied

Mo.Rev.Stat. §477.070 and §565.020 and §568.045 and §568.080

Missouri
Petition for Damages Common Allegations, , 3 pgs
Civil Case Pleadings & Materials

Requests: Count I - Wrongful Discharge; Count II - Service Letter

Mo.Rev.Stat. §198.006(11), (1) and §198.070 and §290.140

Missouri
Appellant's Brief, , 19 pgs
Other Materials

Argues Court must reverse judgment and remand because: evidence was insufficient; jury verdict instruction was erroneous; verdict forms for elder abuse were inconsistent

Mo.Rev.Stat. §562.011 and §562.016 and §565.180 and §565.184

Missouri
Respondent's Brief, , 22 pgs
Other Materials

Argues Court must affirm judgment because: defendant's actions and omission kept elderly victim bedridden in unsanitary conditions; instruction required jury find factual elements of defendant's legal duty and defendant's voluntary liability; jury's verdict was polled and confirmed

Mo.Rev.Stat. §562.011 and §562.016

Missouri
Appellant's Reply Brief, , 6 pgs
Other Materials

Argues Court must reverse and remand judgment because: jury instruction assertions were written as facts; jury was not required to find defendant voluntarily assumed care or prevented others from aiding vulnerable adult; jury was not required to find defendant failed to perform a duty

Mo.Rev.Stat. §562.011

Missouri
Respondent's Brief Filed by Appellant Pursuant to Rule 84.05(e), , 11 pgs
Other Materials

Argues Court must uphold decision because: review was supported by competent and substantial evidence; due process rights were upheld; equal protection rights were not violated; findings of fact and conclusions justified placing respondent on Employee Disqualification List

Mo.Rev.Stat.§198.006 and §198.070 and §536.070 and §536.090 and §536.140 and §660.315

Missouri
Reply Brief of Respondent Patricia L. Krupp, , 6 pgs
Other Materials

Argues Court must reverse decision because: findings and conclusions were unsupported by competent and substantial evidence; decision was unauthorized by law; respondent did not pose threat to the elderly; decision fails to justify placing respondent on Employee Disqualification List

Mo.Rev.Stat. §536.090 and §536.140 and §660.315

Missouri
Substitute Reply Brief, , 11 pgs
Other Materials

Argues Court must affirm denial of motions and reverse sanctions or, in the alternative, enter judgment upon fees awarded as sanction and assign liability for award or remand because: court overruled objections to testimony regarding evidence; settlement agreement findings were not supported by substantial evidence; motions to enforce settlement agreement consititued bad faith in court ordered mediation

Mo.Rev.Stat. §512.160 and Mo.R.Civ.Proc. 17.05 and 17.06 and 55.03 and 84.14 and 84.19

Missouri
Petition for Personal Injury - Negligence, , 3 pgs
Civil Case Pleadings & Materials

Requests: Count I - Personal Injuries; Count II - Elder Abuse

Mo.Rev.Stat. §565.184(5) and §660.250

Missouri
Petition for Damages and for Injunctive Relief, , 15 pgs
Civil Case Pleadings & Materials

Requests: Count I - Negligence - Wrongful Death; Count II - Negligence Per Se - Wrongful Death; Count III - Alternative Lost Chance of Recovery and/or Survival Claim; Count IV - Decedent's Surviving Personal Injury Claim; Count V - Punitive Damages

Mo.Rev.Stat. §537.080 et seq. and §537.021 and §537.020 et seq.

Missouri
Respondent's Brief, , 7 pgs
Other Materials

Argues Court must affirm judgment because: witness endorsed by defense was not available on an equal basis to respondent; trial court sustained objection implicity; in bench-tried case, judge did not rely on improper argument

(Intentionally Left Blank)

Missouri
Appellant's Brief, , 8 pgs
Other Materials

Argues Court must reverse decision and remand because: record is devoid of competent and substantial evidence; action is arbitrary, capricious or unreasonable; decision involves an abuse of discretion

Mo.Rev.Stat. §198.090 and §536.087 and §536.100 through §536.140 and §660.315

Missouri
Appellant's Reply Brief, , 7 pgs
Other Materials

Argues Court must be affirmed because: property is held for profit of charitable remainder annuity's beneficiaries and annuitants; holding property for private profit fails to qualify for taxation exemption

Mo.Rev.Stat. §137.100

Missouri
Defendants' Reply to Plaintiff's Motion In Limine and Supplement to Defendants' Trial Brief, , 5 pgs
Motions in Limine

Requests exception to Credit Agreement Statute of Frauds because: evidence supports defendants' prima facie claim; plaintiff failed to follow its company's policies regarding management of post-maturity loans; plaintiff was negligent in managing defendants' loans; plaintiff's parent corporation received Troubled Asset Relief Program funds causing plaintiff to thwart loans' negative impact on financial statements

Mo.Rev.Stat. §432.045 and §432.047

Missouri
Reply Brief of Appellants Alphonse Forbeck, David S. Purcell, and Purcell & Amen, L.L.C., , 7 pgs
Other Materials

Argues Court must reverse decision and remand because: record does not support appellees' allegation elderly adult is mentally competent; obtaining emergency order of incapacity and disability and purporting to change estate plan, respondents and guardian ad litem created a legal limbo for fiduciaries; probate court had jurisdiction over the trust

Mo.Rev.Stat. §472.010 and §472.160.14 and §475.020 and §475.078.2 and §475.078.3 and §512.020.5 and Mo.R.Civ.Proc. 74.01 and 78.04 and 81.04 and 81.05 and 84.04

Missouri
Brief of Appellant National Union, , 27 pgs
Other Materials

Argues Court must reverse denial of summary judgment and overrule granting of partial summary judgment because: care, custody or control exclusion is ambiguous; good faith legal controversy precludes attorney's fees award

Mo.Rev.Stat. §512.020 and §198.006(17)

Missouri
Brief of Respondent of Estate John R. Novogradac, by Personal Representative Denise Schmelzle, , 34 pgs
Other Materials

Argues trial court properly admitted testimonies. Requests Court affirm judgment (2009)

Mo.Rev.Stat. §538.210 Mo.Rev.Stat. §351.275 Mo.Rev.Stat. §491.050

Missouri
Cause of Action for Financial Elder Abuse Under State Statute, , 48 pgs
Other Materials

Discussion of a cause of action by, or on behalf of, victim of financial elder abuse seeking compensation or other relief

Northern Mariana Islands
Plaintiff's Opposition to Defendant's Motion to Dismiss, , 6 pgs
Trial Pleadings

Requests Court deny motion because: defendant breached its loan servicing duty; breach of duty resulted in damages; defendant mishandled plantiff's payments; plaintiff alleges elder financial abuse; plaintiff alleges intentional infliction of emotional distress

Cal.Civ. Code §2923.6 and §3345 and Cal.Bus.&Prof. Code §17200 et seq. and Cal.Welf.&Inst. Code §15610.30(a)(1), (a)(3), (c ) , (2) and §15657.5(b)

Northern Mariana Islands
Defendant and Third-Party Plaintiff Hartford Life Insurance Company's Memorandum of Points and Authorities in Support of Its Motion for Summary Judgment or Partial Summary Judgment on Plaintiff's Complaint, , 13 pgs
Trial Pleadings

Recommends Court grant summary judgment or, in the alternative, grant summary judgment on issues for which no trial is justified because: statutes of limitations foreclose plaintiff's claims; lawsuit fails to state viable claim; individual damages lack merit

Cal. Civ. Code §2332 and §3294 and Cal. Evid. Code §641 Cal.Welf.&Inst. Code §15610.30

Northern Mariana Islands
Plaintiff's Memorandum of Points and Authorities in Opposition to Hartford Life Insurance Company's Motion for Summary Judgment or Partial Summary Judgment, , 11 pgs
Trial Pleadings

Recommends Court deny motion for summary judgment or, in the alternative, summary adjudication because: statute of limitations does not bar recovery; causes of action are viable; damages elements have merit

Cal.Civ.Proc. Code §337 and §339 and Cal.Welf.&Inst. Code §15610.30 and §15657.7

Northern Mariana Islands
1) Plaintiff's Notice of Motion for Clarification of March 5, 2014 Order; 2) Memorandum of Points and Authorities in Support Thereof; 3) (Proposed) Order, , 7 pgs
Trial Pleadings

To prohibit elder financial abuse under the Elder Financial Abuse Statute, the Consumers Legal Remedies Act and the Unfair Competition Law, requests Court: clarify its order to indicate plaintiff may seek injunctive relief enjoining defendant from misrepresentations and misleading statements; require defendant disclose material facts regarding its resident evaluation system; require defendant disclose its facilities' staffing determinations; confirm reliefs sought remain part of case

Cal.Civ. Code §1770 et seq. and §1780(b), (a)(2) and §3345 and §54 and §3422 and §3422(1), (3) and Cal.Welf.&Inst. Code §15610.30 et seq. and §15657.5(a) and Cal.Bus.&Prof. Code §17200 et seq.

Northern Mariana Islands
Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Third Cause of Action, , 6 pgs
Trial Pleadings

Recommends Court grant motion without leave to amend because: plaintiff fails to state claim upon which relief can be granted; no complaint amandment can bring defendants' conduct within Financial Elder Abuse statute

Cal.Welf.&Inst. Code §15600 and §15610.30 and §15610.30(a)(1), (a)(2)

Northern Mariana Islands
Notice of Motion and Motion to Dismiss or, alternatively, to Strike Third Amended Complaint; Memorandum of Points and Authorities in Support Thereof, , 14 pgs
Trial Pleadings

Requests Court dismiss all claims against all defendants or, in the alternative, strike allegations from third amended complaint because: claim for breach of fiduciary duty reiterates joint venture question; constructive fraud claim is not viable; conversion claim fails to identify specific funds; elder financial abuse and intentional infliction of emotional distress claims are unsustainable; claims for dissoluntion of joint venture and accounting lack merit; claims against Sadhana Temple fail to identify individals allegedly making statements

Cal.Civ. Code §1573 and Cal. Civ.Proc. Code §335.1 and Cal.Corp. Code §5142 and §8510 and §8510(e) and §16101(9) and Cal.Welf.&Inst. Code §15610.27 and §15610.30 (a)(1) and Or.Rev.Stat.Ann. §124.100(6)

Northern Mariana Islands
Each document is provided solely for informational purposes, and including any particular document here should not be construed as an endorsement by the United States Department of Justice (USDOJ). The copyrights, if any, to the content contained within the documents are held by the respective copyright owners of such content, not USDOJ. These documents should not be construed as giving permission to distribute or otherwise reproduce the content other than as properly authorized by the owner. Thomson Reuters has granted permission to reproduce materials, as obtained from Westlaw, for information use on this site. The documents contained in the database are not guaranteed to be legally current and/or accurate.