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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 901 - 925 of 1552
Brief of Appellants, , 8 pgs
Other Materials

Argues Court must strike 2009 Will or, in the alternative, find 2009 Will ambiguous and allow parol testimony because trial court failed to remedy injustice

Miss.R.Civ.Proc. 60(b) (6)

Mississippi
Brief of Appellees Jerry M. Clark, Administrator of the Estate of Carl Black, Deceased, Jerry M. Clark, Individually and Shane M. Clark, On Appeal from the Chancery Court of Winston County, Mississippi, , 7 pgs
Other Materials

Argues Court must affirm ruling granting motion to dismiss counterclaim and denying motion for reconsideration because 2009 Will's terms and application are clear

Miss.CodeAnn. §91-5-3 and §91-5-7 and §91-7-39

Mississippi
Appellants' Brief, , 15 pgs
Other Materials

Argues Court must affirm judgment and declare 2005 Will void because there is no evidence of independent consent and action

(Intentionally Left Blank)

Mississippi
Brief of Appellees, , 19 pgs
Other Materials

Argues Court must affirm decisions because: court did not err denying motion for judgment or for new trial; court did not err denying motion for remittitur

Miss.CodeAnn. §11-1-55

Mississippi
Brief of Appellees Oral Argument Not Requested, , 13 pgs
Other Materials

Argues Court must affirm ruling because: a constructive trust existed; there were no co-tenants; appellees met burden of proof; expenditure review found funds misappropriated

Miss.CodeAnn. §95-5-10 and §85-5-7 and §85-5-7(6)

Mississippi
Brief of Appellees, , 8 pgs
Other Materials

Argues Court must affirm because ruling allows appellants to retain one-half interest acquired at purchase

Miss.CodeAnn. §11-55-5

Mississippi
Brief of Appellants, , 14 pgs
Other Materials

Argues Court must remand for punitive damages hearing because: jury was not submitted appellees' punitive damages request; cap on non-economic damages violated separation of powers

Miss.CodeAnn. §11-1-55 and §11-1-60 and §11-1-65 and §11-1-60(2), (2)(a), (2)(b)

Mississippi
Brief for Appellant John H. Ristroph, Executor, , 10 pgs
Other Materials

Argues Court must declare deed void or, in the alternative, remand because: appellee admitted undue influence and confidential relationship with decedent; appellee presented no evidence and filed no affidavits on inter vivos gifts

Miss.CodeAnn. §15-1-49

Mississippi
Rebuttal Brief of Appellant Nancy Birmingham Walters, , 7 pgs
Other Materials

Argues Court must reverse decision or, in the alternative, reverse and remand because: decision conflicts with the right to devise a bank account and personal property by executing a Will; court fails to determine decedent's intentions

Miss.CodeAnn. §81-5-63 and §91-5-1

Mississippi
Appellee's Brief, , 11 pgs
Other Materials

Argues Court must affirm judgment because: due to undue influence and fraud, deed should revert to estate; appellant states no factual or legal basis to challenge evidence, legality or ruling

Miss.R.Civ.Proc. 59(e)

Mississippi
Supplemental Brief of the Appellee, , 5 pgs
Other Materials

Argues Court must affirm decision because: indictment gave appellant notice of charge; the use of a vulnerable adults' resources for another person's benefit was illegal

Miss.CodeAnn. §43-47-5(i) and §43-47-19 and §43-47-19(1) and §43-47-5(I) and §43-47-6(I) and §97-3-95(c ) and §97-3-95(1)(d)

Mississippi
Brief of Magnolia Healthcare, Inc. and Foundation Health Services, Inc., , 26 pgs
Other Materials

Argues Court must reverse judgment or, in the alternative, reverse judgment and remand because: one defendant provided no healthcare services to decedent; plaintiffs speculated on cause of death; evidence regarding injuries was speculative; plaintiffs failed to support alleged standard of care breaches; evidence of generalized allegations was insufficient; jury's award was not supported by evidence showing defendants caused injuries; witnesses in compensatory damages phase undermined jury's decision

Miss.CodeAnn. §11-1-60 and §11-1-65 and Miss.R.Civ.Proc. 24

Mississippi
Appellant Brief, , 7 pgs
Other Materials

Argues Court must reverse order or, in the alternative, reverse order and render decision setting aside warranty deed because: appellant acknowledged actions and consequences; court erred denying request for relief under basis of mutual mistake

(Intentionally Left Blank)

Mississippi
Brief of Appellee, , 13 pgs
Other Materials

Argues Court must affirm decision because: findings of fact and order erre based on evidence; appropriate legal standards were applied

Miss.R.Evid. 201

Mississippi
Reply Brief of the Applicants, , 3 pgs
Other Materials

Argues Court must reverse decision because: court erred denying motion for relief; appellee failed to consider substitute agreed judgment

Miss.R.Civ.Proc. 60(b) and 60(b)(6)

Mississippi
Appellant's Brief, , 10 pgs
Other Materials

Argues Court must reverse ruling because: appellee has not met burden of proof on matters of trust and gift inter vivos; court failed to follow mandated guideline regarding elements for gift inter vivos

(Intentionally Left Blank)

Mississippi
Appellant's Reply Brief, , 3 pgs
Other Materials

Argues Court must reverse case and dismiss indictment because elderly vulnerable person consented to manner in which resources were used

Miss.CodeAnn. §43-47-5(1) and §97-17-31

Mississippi
Complaint, , 14 pgs
Trial Pleadings

Alleges: breach of contract; fraud; negligence; gross negligence; bad faith; fraudulent concealment; breach of duty; breach of fair dealing; unjust enrichment (2008)

Miss. Code Ann.§9-7-81 and §11-11-3 and §11-1-65 and Miss. Rule Civ. Proc. 82

Mississippi
Complaint, , 23 pgs
Trial Pleadings

Alleges: fraud; civil conspiracy; conversion; invasion of privacy; negligence; unjust enrichment; gross negligence; aiding and abetting fraud (2007)

Miss. Code Ann §11-11-3 and §91-7-47 and §91-7-233

Mississippi
Complaint, , 21 pgs
Trial Pleadings

Alleges: negligence; medical malpractice; malice; gross negligence; fraud; breach of fiduciary duty; wrongful death (2007)

Miss. Rule Civ. Proc. 9(h)

Mississippi
Plaintiff's Response Motion to Dismiss, or in the Alternative, for Summary Judgment of Defendant Deborah H. Spence, , 7 pgs
Trial Pleadings

Requests Court deny motion because: claims' viability in evidence; judgment entitlement unsupported (2006)

Miss. Code Ann. §43-47-19 and §43-47-3 and §43-47-5 and §43-47-37 and Minimum Standards §408.2(e) and Miss. Rule Civ. Proc. 12(b)(6)

Mississippi
Kirby Plaintiffs' Memorandum in Opposition to Defendant Howard Wilson Chrysler-Plymouth, Inc.'s Memorandum Brief in Support of Motion to Enforce Arbitration, , 10 pgs
Trial Pleadings

Recommends Court deny motion, declare arbitration unconscionable and clause void because: decedent never signed arbitration clause; neither decedent's estate nor plaintiff bound by arbitration (2006)

Miss. Code Ann. §75-2-315(1)

Mississippi
Second Amended Complaint (Jury Trial Requested), , 9 pgs
Trial Pleadings

Alleges: menace; extortion; intentional infliction of emotional and mental distress; negligent infliction of emotional and mental distress; violation of vulnerable adults act; conspiracy; gross negligence; abuse of civil process (2006)

Mississippi
Plaintiff's Response to Defendant Scott J. Bell's Renewal of Motion to Dismiss or Alternatively, Motion for Summary Judgment, , 12 pgs
Trial Pleadings

Requests Court deny motion because nursing home licensee is liable for: breach of common law duty of care; non-delegable statutory duty of care; negligence; proximate cause of death; fraud; breach of fiduciary (2006)

Miss. Rule Civ. Proc. 56(c ) and Miss. Code Ann. §43-11-9 and §43-11-3 and §73-17-3 et seq. and Miss. Min. Std. §101.1 and §102.16 and §402.1 and §404.3(b) and §408.2(j) and §503.2 and §503.9 and §503.10 and §408.2 and §503.11 and §403.1(a)

Mississippi
Complaint, , 30 pgs
Trial Pleadings

Alleges: negligence; abuse; breach of duties; fraud; breach of fiduciary duty; misrepresentation; medical malpractice; malicious conduct; conspiracy; fraudulent conveyance (2005)

Miss. Rule Civ. Proc. 9(h)

Mississippi
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