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 1076 - 1100 of 1552
Brief of Appellant, , 16 pgs
Other Materials

Argues Court must reverse finding and remand because: appellant was detained without reasonable suspicion of criminal activity; appellant was arrested without sufficient probable cause; search subsequent to arrest was unlawful

Neb.Rev.Stat. §28-416(3) and §60-6,196 and §60-6,197

Nebraska
Appellants' Brief, , 11 pgs
Other Materials

Argues Court must deny motion for summary judgment because: testator was subject to undue influence; testator was manipulated to divert estate from intended recipients to manipulator

Neb.Rev.Stat. §25-1332 and §25-1902 and §25-1911 and §30-2429.01

Nebraska
Brief of Appellant, , 9 pgs
Other Materials

Argues Court must remand with requirement defendants answer or plead because: denial of standing is against public policy; competency is necessary for revokability; tort of intentional interference with expectancy interest may provide a solution

Neb.Rev.Stat. §30-2209 and §30-2637 and §30-3853 and §30-3855

Nebraska
Appeal from the District Court of Lincoln County, Nebraska, , 9 pgs
Other Materials

Argues Court must remand with requirement defendants answer or plead because: denial of standing is against public policy; competency is necessary for revokability; tort of intentional interference with expectancy interest may provide a solution

Neb.Rev.Stat. §30-2209 and §30-2637 and §30-3853 and §30-3855

Nebraska
Brief of Appellees and Cross Appeal, , 21 pgs
Other Materials

Argues Court must affirm summary judgment dismissing amended complaint with prejudice, grant counterclaim for equitable interest in insurance proceeds and enter judgment in favor of estate and heirs because: agreement contains no method for apportioning purchase price; standing is not required to assert defense; buy-out agreement is unenforceable; option for fixed price and extended time restraints alienation; performance can not enforce contract; estate and heirs are entitled to insurance proceeds

Neb.Rev.Stat. §30-2209(4) and §30-2485 and §30-2486(3) and §30-2488(a) and §30-2354(c) and §44-103(13)(b) and §44-1101 through 1117 and §44-1113(2) and §44-704(5) and §44-7406(5)

Nebraska
Brief of Appellant, , 24 pgs
Other Materials

Argues Court must reverse journal entry and judgment and enter judgment that 2011 will is neither valid nor entitled to probate because: appellants met prima facie case on undue influence due to presumption of undue influence; appellees did not rebutt existence of undue influence presumption

Neb.Rev.Stat. §25-1902 and §25-1911 and §27-301 and §27-403 and §30-1601 and §30-2429.01(1)

Nebraska
Brief and Cross Appeal of Appellees, , 22 pgs
Other Materials

Argues Court must affirm journal entry and judgment because: evidence never established presumption of undue influence; 2011 will signing video was allowable evidence for jury review

Neb.Rev.Stat. §27-403 and §27-803

Nebraska
Brief of Appellant, , 17 pgs
Other Materials

Argues Court must reverse order dismissing derivative action and remand because Nebraska Nonprofit Corporation Act permits articles and bylaws of an unlicensed residential retirment facility to provide qualifications for directors who thereby have standing to bring derivative action

Neb.Rev.Stat. §21-1918 and §21-1921 and §21-1925 and §21-1949 and §21-1968 and §21-1969 and §21-1977 and §21-19,105 and §21-19,106 and §25-1911 and §25-1912 and §76-1302 and §76-1305 and §76-1313

Nebraska
Complaint, , 7 pgs
Trial Pleadings

Alleges: First Claim - Fraudulent Misrepresentation; Second Claim - Fraudulent Concealment; Third Claim - Negligent Misrepresentation; Fourth Claim - Breach of Contract; Fifth Claim - Negligence

Neb.Rev.Stat. §24-302 and §25-535 et seq. and §25-403.01(1), (2), (3)

Nebraska
Brief for Appellants, , 16 pgs
Other Materials

Argues Court must reverse rulings because: presumption of capacity and trust amendment must be respected; no evidence presented is sufficient to set aside testator's testamentary capacity to execute the trust

Neb.Rev.Stat. §30-3417(5) and §30-2626(b), (i), (a) and §30-2627(b) and §30-2628(c ) and §25-1911 and §30-2627 and §30-3403(b) and §30-3415 and §30-3417 and §30-3417(1) and §30-3418(1) and §30-3420(5)(b) and §30-3421 and §30-3421(1)(a), (1)(d) and §30-3415 and §30-3401(2)

Nebraska
Appellants' Reply Brief to Brief of Appellee, Allen Fugate; and Appellants' Answer to Gary Bovley's Brief on Unlabeled Cross-Appellee, , 13 pgs
Other Materials

Argues Court must reverse decision because representative: had knowledge of facts constituting prima facie cases of constructive fraud, undue influence and breaches of fiduciary duties warranting recovery; failed to execute fiduciary duty to investigate and recover assets under residuary clause

Neb.Rev.Stat. §25-311 and §25-318 and §25-320 and §25-323 and §25-705 and §25-824 and §30-1601 and §30-2403 and §30-2454 and §30-2457 and §30-2464 and §30-2470 and §30-2476 and §25-2740 and §30-2813 and §30-3883 through 3889 and §30-4024 and §27-801(3) and §27-901

Nebraska
Brief of Appellant Lee Lorenz, , 14 pgs
Other Materials

Argues Court must reverse judgments and remand because genuine issues of material fact regarding infliction of duress on elderly widow exist

Neb.Rev.Stat. §25-1332 and §30-1601 and §30-2431(2)

Nebraska
Brief of Appellant, , 10 pgs
Other Materials

Argues Court must reverse decision because: charge is not a criminal offense; prior convictions are not admissible; sentence is excessive

Neb.Rev.Stat. §24-1106 and §25-1911 and §25-1912 and §29-106 and §29-2308 and §60-6,196 and 60-6,197 and §60-6,197.02, .03

Nebraska
Brief of Appellant Pearl R. Giventer, , 11 pgs
Other Materials

Because fiducairy can not take beneficiary's money on unitemized bills, deny beneficiary a lawyer, not share periodic reports and not make trust accounting, Court must: order appellees provide trust reports and accounting; remand for hearing to contest beneficiary's fees or declare beneficiary's right to object to fees; declare appellee not entitled to any fees; allow beneficiary to prove claim for fees and costs; declare all other fee claims be made at claimant's expense and liability for beneficiary's response; order beneficiary's retainer be fully legal and that attorneys fulfill right and duty of due diligence

Neb.Rev.Stat. §30-3866 and §30-3867(a) and §30-3878 and §30-3890 and §30-3893 and §30-2601 through 2661 and §30-2601.02 and §30-2619(d) and §30-2620 and §30-2628 and §30-2629 and §30-2637(3), (4) and §30-2659 and §25-1335 and Neb.R.Civ.Proc. 6-1112(c)

Nebraska
Brief of Appellee Wells Fargo Bank, N.A., Conservator of the Estate of Pearl R. Giventer, , 9 pgs
Other Materials

Argues Court must affirm orders and dismiss consolidated proceedings because appellant's attorneys never filed a pleading challenging the guardianship, its terms, or guardian's actions

Neb.Rev.Stat. §30-2209(21) and §30-2619(b) and §30-2620 and §30-2628 and §30-2646 and §30-2653

Nebraska
Appellee's Brief and Brief On Cross Appeal, , 16 pgs
Other Materials

Because estate of an elderly testator is a point of contention for testator's children and multiple representatives of testator's interests and their attorneys, Court must: declare testator has right to select counsel in guardianship/ conservatorship proceedings; vacate order limiting testator's ability to use prior counsel; declare testator's chosen counsel may challenge attorney fees, sue, plan estate and pursue testator's legal rights; declare appellee has forfeited right to fees and require appellee disgorge attorney fees already paid; reverse and remand for evidentiary hearing on fee applications

Neb.Rev.Stat. §25-1902 and §30-2209(21) and §30-2601 and §30-2619 and §30-2620(b)and §30-2620.01 and §30-2626 and §30-2627(c) and §30-2628 and §30-2637(3), (5) and §30-2643 and §30-2654(a)

Nebraska
Reply Brief of Appellant Pearl R. Giventer Answer Brief of Appellant Pearl R. Giventer to Cross-Appeal of Marlys Lebowitz Answer Brief of Appellant Pearl R. Giventer to Cross-Appeal of Pearl Giventer, , 9 pgs
Other Materials

Argues Court must approve retainer, authorize beneficiary and beneficiary's attorneys to fight fees, discharge conservator, discharge trustee, award beneficiary fees against appellee and strip appellee of all fees because beneficiary under guardianship/ conservatorship retains right to an attorney throughout protected status

Neb.Rev.Stat. §30-2620 and §30-2601 et seq. and §30-2637(3), (5)

Nebraska
Complaint Law, , 5 pgs
Trial Pleadings

Alleges: Medical Malpractice Pursuant to Nebraska Hospital-Medical Liability Act; Professional Negligence Against Qualified Healthcare Providers

Neb.Rev.Stat. §44-2801 et seq.

Nebraska
Brief of Appellant, , 9 pgs
Other Materials

Argues Court must vacate sentences and impose just and fair sentences because: sentence is inconsistent with offense's gravity; sentence fails to weigh facts and circumstances

Neb.Rev.Stat. §24-1106 and §25-1911 and §25-1912(1) and §28-105(1) and §28-416(3) and §28-507 and §28-931 and §28-1206(3)(B) and §28-1212.03 and §29-2306 and §29-2308

Nebraska
Complaint for Injunctive and Other Relief, , 4 pgs
Trial Pleadings

Alleges: Violations of Law Count I - Uniform Deceptive Trade Practices Act

Neb.Rev.Stat. §87-301 et seq. and §25-536(1) and §87-303.05 and §87-303.05(1) and §87-302 and §87-302(2), (5) and §87-303.01 and §87-303 and §87-303.11 and §87-303(b)

Nebraska
Brief of Relator, , 15 pgs
Other Materials

Argues Court must adopt findings, conclusions and suggested sanction because: evidence of other acts prove respondent's malicious intent; respondent's Minnesota filing creates legal burden for guardian; respondent's in-court outburst is prejudicial; disbarrment is appropriate sanction for respondent's repeated misconduct

Neb.Rev.Stat. §27-404(2)

Nebraska
Brief of Appellants, , 27 pgs
Other Materials

Argues Court must reverse decision and remand or, in the alternative, enter judgment for appellants on de novo review because: LLC's agreement did not govern trust; reliance on trust's integrity and summary judgment was improper; relevant portions of trust were omitted in motion for summary judgment; leasing trust's land for loans and crop payment were insider transactions; appellee breached fiduciary duties; trust and LLC attorney fee payments benefitted trust and LLC members; discovery was limited before trial

Neb.Rev.Stat. §25-1902 and §25-1911 and §25-1335 and §27-301 abd §30-3862 and §30-3867 and §30-3890 and §30-3861 and §64-101 and §76-2201 through 2250

Nebraska
Brief of Appellee, , 24 pgs
Other Materials

Argues Court must affirm decision because: summary judgment was correctly entered; counterclaim's legal and factual issues were correctly determined

Neb.Rev.Stat. §25-1911 and §25-1902 and §44-104(1)

Nebraska
Brief of Appellee and Cross-Appeal Dennis Ditloff, , 17 pgs
Other Materials

Argues Court must affirm decision and receive cumulative exhibit into evidence or, in the alternative, appoint a neutral attorney because: decision to exclude cumulative exhibit into evidence is erroneous; appellant must demonstrate need for special administrator appointment

Neb.Rev.Stat. §24-517 and §25-2001 and §25-2008 and §30-1601(1) and §30-2211 and §30-2454 and §30-2457

Nebraska
Brief of Appellant, , 6 pgs
Other Materials

Argues Court must reverse decision or, in the alternative, reduce alimony amount and duration because: appellee can satisfy monthly expenses with personal and investment income; appellant is charged with care of minor son and education for elder son

NebRev.Stat. §42-365 and §25-1911

Nebraska
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.