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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 1201 - 1225 of 1552
Respondent John Sheldon's Answering Brief, , 25 pgs
Other Materials

Argues Court must remand to award respondent's attorney's fees and deny appeal because: appellant is not entitled to reversal based on respondent's gift defense; appellant is not entitled to new trial

Nev.Rev.Stat. §17 and §17.115 and §17.115(6) and §18 and §18.010 and §18.010(2)(b) and §41.1395(1), (3), (4)(b), (4)(d), (4)(e) and §42.005 and §42.005(3) and §47.150 and §163.004 and §163.004(1) and §163.009 and §163.009(1) and §632 and §632.315 and Nev.R.Civ.Proc. 51(c) and 59(a) and 61 and 68 and 68(c)(1)

Nevada
Appellant's Reply Brief, , 14 pgs
Other Materials

Argues Court must reverse judgment, order funds' return, and vacate attorney's fees award or, in the alternative, vacate verdict and order new trial because: respondent fails to present evidence of gift; special verdict form misstates gift law; fees and costs issues are on appeal

Nev.R.Civ.Proc. 51(c) and 51(c)(2) and 68 and 68(c) and Nev.Rev.Stat. §17.115 and §17.115(6), (7), (8), (9) and §41.1395

Nevada
Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues By Fundamental Administrative Services, LLC, , 10 pgs
Trial Pleadings

Requests judgment or, in the alternative, adjudication because there is no issue of material fact with respect to: medical malpractice claim; negligent hiring, training and retention claim; simple negligence claim; elder abuse claim; wrongful death claim; fraud claim; alter ego and corporate negligence claim

Nev.R.Civ.Proc. 56 and 56(c) and Nev.Rev.Stat. §41.1395(1), (4)(a), (4)(c)

Nevada
Appellants' Opening Brief, , 11 pgs
Other Materials

Argues Court must reverse order and remand because: decision relies on incorrect facts and misunderstanding; Nevada's Anti-SLAPP statute contravenes established defamation law

Nev.Rev.Stat. §41.637(4)

Nevada
Plaintiffs' Motion for Partial Summary Judgment Against Defendant A.I. Credit Corporation, , 15 pgs
Civil Case Pleadings & Materials

Requests Court grant summary judgment as to claims for conversion, negligence, statutory elder abuse and deceptive trade practices because defendants: exerted dominion over plaintiff's property; breached of duty of care causing plaintiff's injuries; financially exploited plainiff; used coercion and intimidation to actualize transaction

Nev.R.Civ.Proc. 56 and Nev.Rev.Stat. §686A.470 and §686A.460 and §41.1395(1) and §41.1395(d) and §598.0977 and §598.0915 through §598.0925

Nevada
Opposition to Plaintiff's Motion for Partial Summary Judgment, , 11 pgs
Civil Case Pleadings & Materials

Requests Court deny motion because: issues preclude summary judgment; plaintiff failed to prove civil conspiracy; plaintiff's agent acted upon plaintiff's authority and direction; defendant did not owe plaintiff fiduciary obligation; defendant was not negligent; defendant did not commit elder abuse

Nev.R.Civ.Proc. 56 and Nev.Rev.Stat. §41.1395 and §41.1395(1)

Nevada
Motion to Dismiss all Claims on Behalf of Dr. Virginia Belt as an Individual and Elder Abuse as to all Parties with Prejudice and Motion to Amend Caption, , 4 pgs
Civil Case Pleadings & Materials

Requests Court dismiss plaintiff's elder abuse claim because plaintiff has no ownership interest in the trust

(Intentionally Left Blank)

Nevada
Plaintiff's Opposition to Defendant's Motion to Dismiss all Claims on Behalf of Dr. Virginia Belt as an Individual and Elder Abuse as to all Parties with Prejudice and Motion to Amend Caption, , 4 pgs
Civil Case Pleadings & Materials

Requests Court deny motions because: deadline to amend pleadings expired 208 days before motions were filed; deadline to add or remove parties expired 208 days before motions were filed; as beneficiary of non-party trust, plaintiff owned elder abuse chose-in-action

Nev.R.Civ.Proc. 11(b) and 11(c)(1)(B)

Nevada
Defendant's Amended Pre-Trial Memorandum, , 6 pgs
Civil Case Pleadings & Materials

Recommends: Claims for Relief; Affirmative Defenses; Claims or Defenses to Be Abandoned; List of Exhibits; Agreements on Exclusion or Limitation of Evidence; List of Witnesses; Principal Issues of Law and Position of Each Party; Time for Trial; Other Issues

(Intentionally Left Blank)

Nevada
Complaint, , 7 pgs
Civil Case Pleadings & Materials

Alleges: First Cause of Action - Negligence; Second Cause of Action - Res Ipsa Loquiter; Third Cause of Action - Infliction of Emotional Distress; Fourth Cause of Action - Breach of Contract; Fifth Cause of Action - Negligent Hiring, Training, Supervision and Policies/ Procedures; Sixth Cause of Action - Respondeat Superior/ Vicarious Liability; Seventh Cause of Action - Elder Abuse and Neglect Pursuant to Nev.Rev.Stat. §41.1395; Eighth Cause of Action - Negligence Per Se; Ninth Cause of Action - Punitive Damages Pursuant to Nev.Rev.Stat. §42.005 and §42.007

Nev.Rev.Stat. §41.1395 and §42.005 and §42.007

Nevada
Motion to Dismiss, , 10 pgs
Civil Case Pleadings & Materials

Requests Court dismiss: second, third, fourth, seventh, eighth, and ninth causes of action for res ipsa loquitor, infliction of emotional distress, breach of contract, elder abuse, negligence per se,and punitive damages because plaintiff: fails to state claim upon which relief can be granted; fails to allege facts or circumstances to support prima facie allegations of intentional tort or contract

Nev.R.Civ.Proc. 12(b)(5) and Nev.Rev.Stat. §41.1395 and §41.1395(4)(c) and §41A.035 and §41A.097 and §11.190 and §41A.009 and §42.005(1) and §42.007 and §42.005 and §41.1395(4)

Nevada
Opposition to Motion to Dismiss, , 6 pgs
Civil Case Pleadings & Materials

Requests Court deny motion because: causes of action for elder abuse, negligence, punitive damages, intentional infliction of emotional distress and breach of contract were properly pled; res ipsa loquitor and negligence per se do not require pleading

Nev.R.Civ.Proc. 8(a) and Nev.Rev.Stat. §41.1395 and §41.1395(4)(c) and §42.001(3) and §42.0005 and §42.007(1)(a)

Nevada
Reply in Support of Motion to Dismiss, , 9 pgs
Civil Case Pleadings & Materials

Requests Court dismiss causes of action for res ipsa loquitor, infliction of emotional distress, breach of contract, elder abuse and neglect, negligence per se and punitive damages because: elder abuse statute does not apply to simple medical malpractice actions; factual allegations for punitive damages and infliction of emotional distress are insufficient; cause of action for res ipsa loquitur fails to allege facts to support inference of negligence; there is no implied contract for good care

Nev.R.Civ.Proc. 12(b)(5) and 12(b)(6) and Nev.Rev.Stat. §41.1395 and §41A.009 and §42.001(3) and §42.005

Nevada
Sahara Palm Plaza, LLC and Alexander Javaheri's Trial Brief, , 11 pgs
Other Materials

Argues Court must award plaintiff total damages because: defendant conducted private and corporate business on an interchangeable basis; defendant signed, certified and failed to observe corporate bylaws; allegations failed to meet elder abuse threshold; allegations failed to meet debt collector definition; rent and monetary obligations were not paid under lease agreement

Nev.Rev.Stat. §78.747 and §41.1395 and §41.1395(1), (4)(b), (4)(c), (4)(a) and §200.599

Nevada
Responding Brief of Respondents Harmon Wilson and Health Living Water, LLC, , 14 pgs
Other Materials

Argues Court must affirm decision because: appellant's litigation waives arbitration claim; policy of arbitrability fails to address enforceable contract requirement; arbitration is enforceable in elder abuse case; lack of conspiracy arguments fail; definite statement motion is not part of appeal

Nev.R.Civ.Proc. 12(e)

Nevada
Appellants' Opening Brief, , 36 pgs
Other Materials

Argues Court must reverse jury verdict and remand because: pre-trial motions were denied; damages were based on speculation; appellants' were denied due process

Nev.Rev.Stat. §18.005 and §18.010(4) and §86.281 and §86.371 23 §86.381 25 and Nev.R.Civ.Proc. 54(d)(2)(A)(B) and 59(a)(2),(3),(4) and 60(b)

Nevada
Marquis Companies I, Inc.'s Motion to Vacate Arbitration Award, , 29 pgs
Trial Pleadings

Requests Court vacate arbitration award because: arbitrator disregards the law; arbitration award is arbitrary and capricious; statute vacates arbitration award

Nev.Rev.Stat. §38.241 and §41A.100 and §41.085(5) and §42.005 and §42.001 and §38.241(1)(a), (1)(b) and §17.115 and §38.227 and §38.227(1)(b), (4) and §38.241(b) and §48.035(2) and Nev.R.Civ.Proc. 41(b)

Nevada
Plaintiffs' Opposition to Defendant Alfredo Hibbert Pa's Motion for Partial Summary Judgment Re: Vulnerable Person Claims Pursuant to NRS §41.1395, , 13 pgs
Trial Pleadings

Requests Court deny motion because: abuse and/or neglect of elderly person is distinct from medical negligence action; elder abuse causes are distinct from medical malpractice actions; issues of material fact require trial

Nev.Rev.Stat. §41.1395 and §41.1391 and §41.1391(4)(e), (4)(a) and §41.1395(4)(c), (4)(a), (4)(e) and §41A.035 and §41A.009 and Ch. 41A and Nev.R.Civ.Proc. 12(b)(5)

Nevada
Defendant, Alfredo Hibbert, P.A.'s Motion for Partial Summary Judgment Re: Vulnerable Person Claims Pursuant to NRS§41.1395, , 13 pgs
Trial Pleadings

Requests Court grant summary judgment regarding abuse of vulnerable person because facts allege negligent medical care

Nev.Rev.Stat. §41.1395 and §41A.015 and §41A.009 and §41A.097 and §41A.013 and §41A.017 and §630 and §633 and §41A and §41.1395(1), (2) and Nev.R.Civ.Proc. 56

Nevada
Plaintiffs' Opposition to Shawn A. McGivney, M.D.'s Motion to Dismiss and Nevada Desert Home Health Services, Inc.'s Joinder Thereto, , 8 pgs
Trial Pleadings

Requests Court deny motion because: alleged actions satisfy requirements for neglect and elder abuse; punitive damages allegations amount to oppression or malice for which relief can be granted

Nev.R.Civ.Proc. 12(b)(5) and 8(a) and Nev.Rev.Stat. §41.1395 and §200.5099 and §42.001

Nevada
Plaintiffs' Opposition to Defendant Rebecca Schultz's Motion to Dismiss Second Amended Complaint, , 16 pgs
Trial Pleadings

Requests Court deny motion because: defendants jointly aided, abetted and participated in conspiracy; defamatory statements demonstrate oppression, fraud, and/or malice

Nev.Rev.Stat. chap. 160 and §30.030 and §42.005 and §42.005(1), (3)

Nevada
Defendant's Motion for Summary Judgment and for Dismissal of Plaintiff's Complaints Pursuant to NRS §41A.071, , 8 pgs
Trial Pleadings

Requests Court dismiss because complaint is action for medical malpractice filed without supporting affidavit

Nev.Rev.Stat. §41A.071 and §41.1395 and Nev.R.Civ.Proc. 56

Nevada
Affidavit of Probable Cause in Support of Complaint and Summons in Lieu of Warrant, , 10 pgs
Criminal Case Materials

Affirms: neglect of older person; willful and wanton disregard for safety. Requests Court issue summons-in-lieu of warrant for group home operator-administrator (2013)

Nev. Rev. Stat. §200.5099(2) and §200.5092 and §200.5092(4) and §200.595(1)

Nevada
Criminal Complaint, , 4 pgs
6

Alleges operator-administrator of unlicensed elder care facility: wantonly neglected to maintain physical or mental health of dependent adults; failed to provide continuous qualified caregivers; denied agencies access to resident(s) in locked room(s); disregarded safety of vulnerable elderly adults (2013)

Nevada
Affidavit of Probable Cause in Support of Criminal Complaint and Issuance of Arrest Warrant, , 10 pgs
Criminal Case Materials

Affirms: exploitation of older or vulnerable person; unlawful possession and use of older or vulnerable person's identity information. Requests Court issue arrest warrant for group home caregiver (2013)

Nev. Rev. Stat. §200.5099(4) and §200.5099(2) and §205.463(1), (3)

Nevada
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