Elder Justice Prosecutor Samples
Recommends Court deny motion because procedural and substantive unconscionability invalidates arbitration (2005)
Alleges: negligence; medical malpractice; malice; gross negligence; fraud; breach of fiduciary duty (2005)
Request Court deny motion because: no valid agreement to arbitrate claims exists; arbitration agreement improperly executed; admission and arbitration agreements illegal; arbitration provision unconscionable; defendants breached fiduciary obligation (2005)
Alleges: abuse; negligence; gross negligence; breach of duty; reckless indifference; intentional infliction of emotional harm; exploitation of vulnerable adult; wrongful death; misrepresentation; fraud (2004)
Alleges: fraud; breach of good faith and fair dealing; negligence and wantonness; misrepresentation; civil conspiracy (2004)
Alleges: negligence; abuse; medical malpractice; malice; gross negligence; fraud; breach of fiduciary duty (2004)
Requests: references to insurance excluded; only qualified expert testimony admitted; testimony regarding other patients inadmissible; undisclosed photographs inadmissible (2003)
Requests evidence excluded by Mississippi Supreme Court inadmissible (2003)
Requests Court deny motion because plaintiff intends to comply with applicable rules of evidence and procedure to lay foundation prior to witness testimony (2003)
Alleges: gross negligence; failure to provide adequate care; medical malpractice; fraud; breach of fiduciary duty; wrongful death (2002)
Alleges: negligence; gross negligence; breach of fiduciary duties; breach of good faith; breach of contract; twisting; infliction of mental and emotional distress (2002)
Argues Court must uphold ruling and deny appellant's appeal because: appellee entered into arbitration agreement through fraud and duress by the unlicensed law firm professing agreement was part of debt settlement scheme; appellee would not have signed arbitration agreement knowing debt would never be settled and legal rights would be forfeited
Argues Court must rule there is no duty to defend in underlying complaint because allegations do not fall within scope of insurance coverage
Argues Court must affirm order denying motion to reconsider because: appellant failed to object to restitution; appellant failed to file timely direct appeal
<p>Information related MFCU Investigation of theft, deceptive practices and Elder Abuse by exploitation</p>
<p>Redacted Information accusing defendant of theft, deceptive practices and elder abuse by exploitation</p>
<p>Information related to MFCU investigation of attempted elder abuse by exploitation, theft, deceptive practices, elder abuse by exploitation, money laundering and tampering with a witness or informant.</p>
<p>Redacted Information accusing defendant of elder abuse by exploitation, theft, deceptive practices, attempted elder abuse by exploitation, money laundering and tampering with a witness or informant.</p>
Argues Court must affirm denial of guilty plea withdrawal because it was knowingly and voluntarily entered in municipal court
Argues Court must reverse order and determine whether: case is a valid specific or a general statutory situation; legistature intended multiple convictions; a defendant can be convicted of both aggravated assault and elder abuse
Argues Court must remand case to trial court because: double jeopardy motion was denied; circumstances do not trigger a double jeopardy claim
Argues Court must reverse district court decision because defendant may be charged with aggravated assault and elder abuse but can only be convicted of one of these offenses
Argues Court must ensure only relationships supported by significant evidence of an extraordinarily close and interdependent relationship are compensated because grief and sorrow must not be basis for expanding loss of consortium into adult-child/parent relationship
Argues Court must reverse order, enter partial summary judgment on equal protection ruling and remand because: controlling health costs and charging some customers more than others are not connected; evidence shows uninsured can be financially ruined by health costs; class, remedy, and contractual standing issues do not affect the equal protection claim; plaintiff paid medical bills after reaching policy limits settlement in a third party case
Argues Court must grant termination of guardianship retroactive to date petitioner filed motion and deem all respondent's activities as guardian illegitimate and invalid because respondent repeatedly committed acts of abuse and neglect