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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 1026 - 1050 of 1552
Plaintiff's Reply and Brief in Opposition to Defendants' Motions for Partial Summary Judgment as to Plaintiff's Claims of Ordinary Negligence, Corporate Negligence, Piercing the Veil, and Punitive Damages, , 15 pgs
Trial Pleadings

Requests motions be denied because: partial summary judgment is inappropriate; management condonation, ratification and involvement issues exist; excessive use of corporations is unjustified

NC GenStat §1-1A, Rule 56(c) and §131E-265(a), (f)(2), (b), (d) and §131D-40(d) and §18B-302 and §20-138.1 through §20-138.5 and §131E-40(e) and §1D-15 and §1D-5(7) and §1D-15(c)

North Carolina
Plaintiffs' Response to Defendant Shoaf's Motions to Dismiss or Alternatively to Stay, , 5 pgs
Trial Pleadings

Requests Court deny motions because: statutes of limitations do not bar claims; conversion, breach of fiduciary duty, constructive fraud, intrinsic fraud and constructive trust claims are stated; set aside deeds and home place deed claims should be dismissed; punitive damages claim is pled with requisite specificity; bank accounts' joint ownership claims have standing

NC R.Civ.Proc. 42 and NC GenStat §1-22 and §1-17 and §35A-1101(7), (8) and §1-56

North Carolina
Defendant-Appellant's Brief, , 5 pgs
Other Materials

Argues Court must vacate judgment and remand because: right to select and retain counsel was denied; appointed counsel failed to issue subpoenas and submit exhibits

NC GenStat §7A-27(b)

North Carolina
Brief for the State, , 5 pgs
Other Materials

Argues Court must affirm orders because: constitutional rights violation issue was not preserved; constitutional rights were not violated

NC GenStat §15A-952

North Carolina
Complaint, , 9 pgs
Trial Pleadings

Alleges: Violation of Fair Settlement Insurance Practices Law; Unfair and Deceptive Trade Practices; Breach of Covenant of Good Faith and Fair Dealings; Mental and Emotional Pain, Distress, Anxiety, Suffering and Stress

NC GenStat §58-63-15 (11) and §55-63-15(11) and §75-16.1

North Carolina
Complaint, , 8 pgs
Trial Pleadings

Alleges: Violation of Fair Settlement Insurance Practices Law N.C.G.S. Section 58-63-15(11); Unfair and Deceptive Trade Practices; Breach of Covenant of Good Faith and Fair Dealings; Mental and Emotional Pain, Distress, Anxiety, Suffering and Stress

NC GenStat §58-63-15(11) and §75-16.1

North Carolina
First Amended Complaint , , 14 pgs
Trial Pleadings

Alleges: Claim for Relief - Negligence; Claim for Relief -Medical Malpractice; Claim for Relief - Wrongful Death; Claim for Relief - Punitive Damages

NC R.Civ.Proc. 15(c) and 9(j) and NC R. Evid. 702 and NC GenStat §1-75.4 and §7A-240 and §7A-243 and §1-79 and §1-80 and §1-82 and §90-21.1.1 et seq. and §90-21.12 and §28A-18.2 and Chap. 131E

North Carolina
Complaint, , 21 pgs
Trial Pleadings

Alleges: Claim for Relief - Negligence; Claim for Relief - Negligence (Nursing Home Administration); Claim for Relief - Medical Malpractice; Claim for Relief - Wrongful Death; Claim for Relief - Breach of Fiduciary Duty and Constructive Trust; Claim for Relief - Punitive Damages

NC R.Civ.Proc. 15(c) and 9(j) and NC GenStat §1-75.4 and §7A-240 and §7A-243 and §1-79 and §1-80 and §1-82 and §90-21.11 et seq. and §28A-18.2 and Chap. 131E and NC R.Evid. 702

North Carolina
Defendant-Appellant's Brief, , 20 pgs
Other Materials

Argues Court must reverse decision or, in the alternative, order a new trial because: state fails to produce evidence victim meets statutory definition as elder adult; state fails to produce evidence defendant meets statutory definition as caretaker; victim's incomprehensible testimony and prejudicial presence denies defendant a fair trial

NC GenStat §14-112.2(a)(2), (b) and §14-32.3(c), (d), (d)(4) and §15A-1227 and §7A-27(b) and §7B-101(3) and §8C-1 and NC R.Civ.Proc. 401 and 403 and 404(b) and 601(a) and 601(b)(1)

North Carolina
Petition for Discretionary Review Under G.S. §7A-31, , 23 pgs
Trial Pleadings

Requests Court deny petition because: opinion is correctly decided; ruling is correctly affirmed; defendant does not demonstrate case meets required standards

NC GenStat §7A-31(c) and §8C-1, Rule 601, Rule 601(a), (a)(1), (a)(2), (b), (b)(1), (b)(2) and §14-32.3(c), (d) and §14-32.3 and §14-112.2 and §8C-1, Rule 401, Rule 403 and §7A-31 and §14-112.2(a)(2), (b), (d)(3)

North Carolina
Complaint, , 23 pgs
Civil Case Pleadings & Materials

Alleges: neglect and abuse of vulnerable dependent adults; corporate negligence; medical negligence; wrongful death; breaches of duty; breach of standard of care; failure to observe and report timely assessments; failure to provide physician services; failure to notify physician and representatives of physical, mental or psychological status changes (2009)

N.C. Gen. Stat. §131E-101 and §131E-6 and §90.21.11 and §28A-18-2 and §§1D-1 through 1D-50 and 10A NCAC 13D and North Carolina Rules of Civil Procedure 9(j) and 702 and 11(a) and North Carolina Constitution Article 1, Sections 1, 6, 7, 14, 18, 19, 25, 35 and 36 and Article IV, Sections 1 and 13

North Carolina
Complaint, , 38 pgs
Civil Case Pleadings & Materials

Alleges: venue proper; vicarious liability; incompetency and compliance with limitations; negligence; failure to budget and allocate resources to facility; medical malpractice; fraud; premises liability; unfair and deceptive trade practices; wrongful death; breach of fiduciary duty and constructive trust; reckless, willful and wanton acts and omissions (2009)

N.C. Gen. Stat. §1-75.4 and §7A-240 and §7A-243 and §1-79 and §1-80 and §1-82 and §§75-1.1 et seq. and §28A-18.2 and North Carolina Rules of Civil Procedure 9(j) and North Carolina Rules of Evidence 702

North Carolina
Complaint for Personal Injury and Jury Demand Endorsed Hereon, , 11 pgs
Civil Case Pleadings & Materials

Alleges: breach of contract; negligent supervision and training; negligence; fraud; emotional distress; loss of consortium. Requests: punitive damages; jury trial (2006)

North Carolina
Brief of Respondent and Appellant, , 13 pgs
Other Materials

Argues Court must terminate guardianship/conservatorship because: lower court lacked jurisdiction; no evidence showed guardianship was needed; due process and equal protection were denied; exempt property paid for guardianship

ND Cent.Code Chap. 30.1-28 and 30.1-29 and ND Cent.Code §28-22-02 and §28-22-03.1 and §30.1-01-06(25) and §30.1-28-03(3), (4), (5), (6), (9) and §30.1-28-04(3), (2)(a) and §30.1-28-05(2), (3), (4) and §30.1-28-07 and §30.1-28-09 and §30.1-28-09(1), (2), (3) and §30.1-28-10.1(1), (2) and §30.1-29-05 and §47-18-01 and §47-18-16 and §30.1-28-03(4) and ND R.Civ.Proc. 4(1)(a) and 6(d) and 6(d)(1)(A) and 6(d)(1)(C) and 6(e) and 4(j)(1)

North Dakota
Brief of Petitioners and Appellees Brief in Response to Appeal By Respondent and Appellant, , 8 pgs
Other Materials

Argues Court must dismiss appeal because: emergency proceedings were defective; physician was not appointed; guardian ad litem failed to advocate; guardianship necessity was not supported by evidence; least restrictive alternative was not provided

ND Cent.Code §30.1-28-03(3), (4), (4)(b), (5), (9) and §30.1-28-08 and §30.1-28-09(2) and ND R.Civ.Proc. 4(d)(1)(A) and 4(j)(1) and 52(a)(6)

North Dakota
Reply Brief of Respondent and Appellant, , 5 pgs
Other Materials

Argues Court must restore appellant to full capacity because: emergency proceeding was defective; mandated physician was not appointed; guardian ad litem failed to advocate; guardianship lacked evidence of need; least restrictive intervention was not provided; exempt property was used to pay guardianship expenses

ND Cent.Code §30.1-28-03(3), (4) and §30.1-28-09 and §30.1-28-10.1(1) and ND R.Civ.Proc. 4(j)

North Dakota
Brief of Appellee J.W., , 7 pgs
Other Materials

Argues Court must uphold findings because: elderly ward made no nominations prior to incapacitation; testimony of guardian ad litem, court-appointed physician and visitor supported co-guardians' appointment; testimony showed inabilities and inadequacies of 80 year old friend and neighbor to serve elderly ward's best interests

ND Cent.Code §30.1-28-11(3), (4), (3)(a)

North Dakota
Appellant's Brief, , 14 pgs
Other Materials

Argues Court must remand because: denial of motion to compel discovery was abuse of discretion; denial of motion for continuance violated right to a fair and impartial trial; exclusion of material evidence and key witnesses caused prejudice; denial of claim for mental anguish was abuse of discretion; jury instructions were incorrectly given; closing remarks were prejudicial; due process was violated

ND Cent.Code 26.1-02-01.1 and §30.1-28-12 and ND R.Civ.Proc. 34 and 37 and ND R.Evid. 401 and 402 and 411

North Dakota
Appellant's Reply Brief, , 4 pgs
Other Materials

Argues Court must remand because: appellee's issue is without merit; appellee seeks immunity for liability; appellee owes fiduciary duty to elderly, vulnerable, incapacitated adult

ND Cent.Code §11-21 and §32-12.1-02(3) and §32-12.1-03(1) and §58-03-01(4) and ND R.Civ.Proc. 56

North Dakota
Brief of Appellant, , 14 pgs
Other Materials

Argues Court must reverse decision because: law and facts were misinterpreted and misapplied; class action certification was denied; universal wrongful conduct and common questions of fact and law were rejected

ND Cent.Code §47-14-09 and §51-13-02(2)(e) and §51-13-03(4) and §51-13-07 and ND R.Civ.Proc. 23

North Dakota
Respondent's Brief, , 14 pgs
Other Materials

Argues Court must issue an admonition or, in the alternative, remand for formal disciplinary proceedings because: petitioner failed to consult elderly nursing home resident's appointed representative prior to drafting power of attorney revocation; medical power of attorney gave appointed representative decision-making authority when petitioner erroneously advised elderly resident could choose to leave nursing home; petitioner was given procedural due process appropriate for admonition

(Intentionally Left Blank)

North Dakota
Brief of Appellee, , 14 pgs
Other Materials

Argues Court must affirm denial because: individuals must exhaust personal assets prior to Medicaid eligibility; appellant has right to life estate income; uniform trust code provides remedy to recover lost life estate income; attorney-in-fact violates fiduciary duty; attorney-in-fact fails to rebute presumptions of conflict, insufficient consideration, and undue influence; appellant fails to establish asset is not available; appellant fails to show legal action to obtain asset is unsuccessful; evidence does not support existence of oral agreement transferring life estate interest; life estate income gift disqualifies appellant from Medicaid benefits

ND Cent.Code §3-02-05 and §9-06-04 and §14-09-10 and §28-32-49 and §50-24.1-01.1 and §50-24.1-02 and §59-09-01 and §59-09-06 and §59-16-01 and §59-16-02 and §59-16-02(3) and §59-16-09 and §59-18-01 and §59-18-01.1 and §59-18-02 and §59-18-05 and §59-18-09 and ND Cent.Code Chap. 59-01 and 59-10 and 59-11 and 59-12 and 59-13 and 59-14 and 59-15 and 59-17 and 59-19 and ND Admin.Code §75-02-02.1-02.1 and §75-02-02.1-03(4) and §75-02-02.1-25 and §75-02-02.1-25(1) and §75-02-02.1-26(1) and §75-02-02.1-28 and §75-02-02.1-28(21) and §75-02-02.1-31.1(3)(a)(1) and §75-02-02.1-33.2(10)(a), (c), (e) and §75-02-02.1-33.2(11), (18) and ND R.Evid. 301(a)

North Dakota
Appellants' Brief, , 16 pgs
Other Materials

Argues Court must rescind deeds because: land can be transferred only by operation of law or valid written instrument; Minnesota statutory power of attorney did not authorize attorney-in-fact to gift property to non-family member; preponderance standard of proof was applied erroneously; property conveyance under power of attorney breached trust

ND Cent.Code §1-02-01 and §28-27-01 and §3-01-03 and §3-01-04 and §3-02-05 and §3-03-03 and §32-03.2-01 and §32-03-02 and §32-04-04 and §47-10-01 and §59-01-05 and §59-01-09 to §59-01-19 and §9-09-01 to §9-09-04

North Dakota
Appellee's Brief, , 16 pgs
Other Materials

Argues Court must affirm order because: precedent and uniform principal and income act statutes controlled income issue; elective share calculation did not include estate income; court granted appellee personal representative fees, administration costs, administrative expenses, funeral and last illness expenses

ND Cent.Code §1-02-13 and §30.1-18-01 and §30.1-18-15(21) and §30.1-18-19 and §30.1-18-20 and §30.1-19-05 and §30.1-19-08(3) and §59-04.2-02(1)(a)and §59-04.2-19(1)(c) and ND Cent.Code Chap. 30.1 and Chap. 59-04.2 and ND R.App.Proc. 28(c)(3) and 28(c)(4) and ND R.Civ.Proc. 27(b)

North Dakota
Amended Complaint and Demand for Jury Trial, , 4 pgs
Trial Pleadings

Alleges: Count I - Breach of Fiduciary Duty of Care; Count II - Negligence Per Se; Count III - Trespass to Chattel; Count IV - Conversion; Count V - Intentional Infliction of Emotional Distress; Count VI - Negligent Supervision

ND Cent.Code §32-12.1-03 and ND Cent.Code Chap. 31.1-28 and 30.1-29

North Dakota
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