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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 1101 - 1125 of 1552
Complaint, , 2 pgs
Trial Pleadings

Alleges: First Cause of Action - Breach of Contract; Second Cause of Action - Fraud

(Intentionally Left Blank)

Nebraska
Brief of Appellant, , 23 pgs
Other Materials

Argues Court must remand for jury trial because: appellant proves malicious prosecution claim; age discrimination violates Nebraska Furniture Mart's contract, estoppel, and wrongful discharge

Neb.Rev.Stat. §25-1332 and §27-401 and §48-628(2) and §48-630 through 640 and §48-1101 et seq. and §48-1229(4) and §48-1231 and §48-1232

Nebraska
Reply Brief of Appellant, , 7 pgs
Other Materials

Argues Court must remand because: judge's past associations question court's objectivity; no order is violated; free speech protects cyber-gripe web sites

(Intentionally Left Blank)

Nebraska
Brief of Appellee Daniel H. Dunn, Guardian, , 10 pgs
Other Materials

Argues: record on appeal incomplete; errors not argued; matters not assigned

Neb.Rev.Stat §25-1902

Nebraska
Gloria Howard's Objection to Town of Boscawen's Motion for Summary Judgment, , 4 pgs
Trial Pleadings

Requests Court hold hearing on eviction action because: issue of material fact remains regarding tax deed; issue of material fact remains regarding amounts owed and elderly tax exemption; title analysis is incorrect; court has jurisdiction

N.H.Rev.Stat.Ann. §491:8-a and §491:8-a, III and §76:11-b and §80:60 and §80:77 and §80:76 and §80:61 and §80:64 and §80:66 and Ch. 80 and §21:6-a and §72:38-a and §540:17 and §540:18

New Hampshire
Brief of Appellant Heilan Grimes, , 12 pgs
Other Materials

Argues Court must reverse decision and remand because: a landlord's desire to sell rental property to a new landlord is not good cause to terminate a tenancy; barring an eviction due to a landlord's identity change protects a tenant from arbitrary or pretextually discriminatory eviction

N.H.Rev.Stat.Ann. §358-A-10 and §540:1-a and §540:2 and §540-A:2, 3, 4

New Hampshire
Plaintiff-Appellee's Brief, , 19 pgs
Other Materials

Argues Court must affirm decision because: Granite State Management & Resources meets charitable exemption standards; real estate is occupied for charitable purposes; income and profits are used for GSMR's charitable purpose; court's decision to strike certain documents does not consitute discretion abuse

N.H.Rev.Stat.Ann. §7:24 and 72:23, V, V-a and §72:23-c and §72:34-k and §72:23-1 and §76:14 and §195:1 and §195-E and §195-E: I and §195-E:2, VI and §195-E:10, III(a) and §195-E:14 and §195-E:15, 15-a and §292:9-11 and N.H.CodeR.Evid. 401 and 901(b)(7), 902(6)

New Hampshire
Brief of Appellant, Kerry McCarty (Now Hanson), Executrix of the Estate of Ruth C. McCarty, , 8 pgs
Other Materials

Argues Court must reverse decision and dismiss because: claim was barred by statute of limitations; exemption applied to recovery

N.H.Rev.Stat.Ann. §556:2 and §556:5 and §556:6 and §167:1 and §14 and §167:14-a and §167:16-a and §167:16

New Hampshire
Plaintiffs' Memorandum of Law in Support of Objection to Defendant Cheshire Medical Center's Motion In Limine (to Exclude Ex Parte Deposition Testimony and Negative Inference from the Invocation of the Fifth Amendement Privilege by Richard Mello, Jr..., , 10 pgs
Trial Pleadings

Recommends Court deny motion and allow deposition into evidence because: statute of limitation has not run; deponent's technical availability is moot; deposition's use is appropriate for impeachment; negative inference can be drawn from fifth amendment invocation; defendant must be estopped from deposition exclusion

N.H.CodeR.Evid. 804(a)(1) and 804(b)(1) and 804(6) and 607 and 703 and 512 and 512(a) and 512(d) and 503 and 803(4) and N.H.Rev.Stat.Ann. §498:1 and §518:1 and §632-A:2, 3, 4 and §325:8(III)(d)

New Hampshire
Brief for the Defendant, , 9 pgs
Other Materials

Argues Court must vacate judgment because court failed to strike testimony conveying information covered by marital evidentiary privilege

N.H.Rev.Stat.Ann. §161-F:48 and §546-A:9 and N.H. CodeR.Evid. 510 and 504

New Hampshire
Brief of Petitioner - Appellant, , 16 pgs
Other Materials

Argues Court must deny order and remand to probate division because: one statute section was interpreted in isolation from its other parts; interpretation nullified statute's purpose

N.H.Rev.Stat.Ann. §506 and §506:6 and §506:7

New Hampshire
Brief of the New Hampshire Local Government Center, , 5 pgs
Other Materials

Argues Court must reverse Board of Tax and Land Appeals' decision because a taxpayer's mortgage must not be netted against the value of taxpayer's other assets' to exceed city's established limits

N.H.Rev.Stat.Ann. §72:34-a and §72:39 et seq. and §72:39-a and §72:39-a, I(c) and §72:39-b and §72:39-b, I and §72:39-b, I(c) and §72:40, III and §72:40, III through VI and §80:19 and §80:59 and §541:6

New Hampshire
Brief of the City of Nashua, New Hampshire, , 4 pgs
Other Materials

Argues Court must reverse decision because, to calculate net assets, Board of Tax and Land Appeals must deduct taxpayer's mortgage from taxpayer's other assets' value

N.H.Rev.Stat.Ann. §72:39-a and §72:39-a, I(c) and §72:39-b and §72:34-a and §72:30-a. I, II and §541:6

New Hampshire
Brief of Appellee Marijane H. Kennedy, , 5 pgs
Other Materials

Argues Court must affirm decision because appellant should have deducted encumbrance on elderly taxpayer's residence in calculating net assets

N.H.Rev.Sdtat.Ann. §72:39-a and §72:39-a, I(c) and §72:39-b

New Hampshire
Brief of Appellant William Muller, , 9 pgs
Other Materials

Argues Court must vacate order invalidating promissory note and mortgage deed or, in the alternative, vacate equal basis property distribution because: mortgage deed was secured by respondent's parents' promissory note; promissory note was parents' gift to respondent; petitioner did not contribute to marital home equity; record did not support imputation of respondent's annual income

N.H.Rev.Stat.Ann. §458:16-a and §458:16-a(a) and §458:16-aII(a), (n), (O) and §458-C and §458-C:2 and §477:29 and §479:1 and §479:6 and §490:D and §490:D-2 and §490:D-3 and §498:5-a and §516:1

New Hampshire
Brief for the State of New Hampshire, , 15 pgs
Other Materials

Argues Court must affirm judgment because: evidence showed theft by unauthorized taking; evidence showed theft by misapplication

N.H.Rev.Stat.Ann. §625:3 and §637:10 and §637:2 and §637:3

New Hampshire
Brief of Petitioner - Appellant, , 13 pgs
Other Materials

Argues Court must overturn decision and remand to probate court because: proposed ward is liable for legal fees and costs of good faith petitioner in guardianship imposition; probate court must determine legal fees and costs

N.H.Rev.Stat.Ann. §464-A:6 and §464-A:26,I and §464-A:43

New Hampshire
Memorandum of Law, , 2 pgs
Other Materials

Recommends Court encourage family members, interested persons, and public officials to pursue guardianship of incapacitated adults unable to seek help from courts and not find petitioners in guardianship proceedings responsible for attorney fees and costs

N.H.Rev.Stat.Ann. §464-A:43 and §464-A:9,IV and §464-A:43,I and §464-A

New Hampshire
Brief for Appellant, New Hampshire Retirement System, , 9 pgs
Other Materials

Argues Court must reverse decision and order judgment in New Hampshire Retirement System's favor because: privacy interests are implicated by payments' disclosure; minimal public interest in disclosure of derivative information must be balanced against government's interest in nondisclosure and retiree's interest in privacy

N.H.Rev.Stat.Ann. §91-A and §91-A:4, 5 and §100-A:1, 2, 3, 16

New Hampshire
Brief of the Appellee Union Leader Corporation, , 11 pgs
Other Materials

Argues Court must uphold decision because: New Hampshire Retirment System is a government entity subject to right-to-know law; NHRS retirement payment data are governmental records; disclosure of public records is mandated by right-to-know law

N.H.Rev.Stat.Ann. §91-A:1, 4, 5, 8 and §100-A:5, 7, 8

New Hampshire
Brief of New England First Amendment Coalition Amicus Curiae, , 7 pgs
Other Materials

Argues Court must affirm order because: retirees are no longer employees; salaries of public employees may be disclosed without invading their privacy

N.H.Rev.Stat.Ann. §91-A:1 and §91-A:4 and §91-A:4, I-a and §91-A:5, IV

New Hampshire
Brief for the State of New Hampshire Department of Health and Human Services, , 9 pgs
Other Materials

Argues Court must affirm decision because: expenses claimed were not medical deductions; department properly recertified household; federal regulation compliance was not discriminatory

N.H.Rev.Stat.Ann. §161:2, XIII and §186-C and §541:13 and N.H.CodeAdmin.R.Ann. He-W 746.02

New Hampshire
Brief of Appellee Eric J. Dube, , 8 pgs
Other Materials

Argues Court must affirm rulings because record supports fault, property division, and alimony findings

N.H.Rev.Stat.Ann. §458:7 and §458:7(IV), (V) and §458:16-a and §458:16-a(II)(e), (f),(1) and §458:19

New Hampshire
Brief for City of Concord Respondent-Appellee, , 16 pgs
Other Materials

Argues Court must affirm decision because: city allocates between exempt and taxable property uses; property portions not used for religious purpose are properly taxed

N.H.Rev.Stat.Ann. §72:6 and §72:23 and §72:23-c and §72:23-m and §72:23, III, IV, V and §72:34-a and §74:17 and §541

New Hampshire
Opening Brief of Appellants, , 14 pgs
Other Materials

Argues Court must reverse decision and remand because: court erred granting motion in limine to exclude parol evidence; court erred dismissing case for de novo trial

N.H.Rev.Stat.Ann. §547:11-d and §564-B:6-601

New Hampshire
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