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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 1226 - 1250 of 1552
Reply Points and Authorities in Support of Motion to Dismiss Defendant/Counter-Claimant Milton Meshel's Counterclaim Pursuant to NRCP 12(b)(5) and Request for Award of Attorney's Fees, , 8 pgs
Civil Case Pleadings & Materials

Requests Court dismiss because: counterclaim fails to establish elements of right to relief for abuse of process, conspiracy to commit abuse of process, elder abuse and conspiracy to commit elder abuse; defendant fails to allege necessary elements to establish rights to relief for abuses and conspiracies; defendant has no right to pursue counterclaim

Nev.R.Civ.Proc. 12(b)(5) and 13 and 13(a) and 13(b) and Nev.Rev.Stat. §78.050 and §78.060(2)(b)

Nevada
Reply Points and Authorities in Support of Plaintiff/Counter-Defendant and Counter-Defendant's Motion for Summary Judgment On Defendant/Counter-Defendant Milton Meshel's Counterclaim and Opposition to Counter-Motion for Summary Judgment, , 10 pgs
Civil Case Pleadings & Materials

Requests Court grant motion and dismiss counterclaim because: there are no issues of material fact as to counterclaim; defendant failed to show admissible affidavits and depositions; there are no issues of material fact on issues of abuse of process and elder abuse; defendant has no standing to allege elder abuse for conversion of assets; counter-motion is not supported by verified admissible evidence

Nev.R.Civ.Proc. 56 and 56(e) and 17 and 56(c) and 11 and 11(b)(2)

Nevada
Plaintiff's Opposition to Defendant's Motion to Dismiss, , 6 pgs
Trial Pleadings

Requests Court deny motion because: facts support breach of duty of care and failure to provide habitable premises; facts prove negligence caused injuries; facts support elder abuse claim

Nev.R.Civ.Proc. 12(b)(5) and 56 and 12(b) and 56(c) and Nev.Rev.Stat. §118A.290(1), (1)(b), (1)(g) and §40.464(2)(c) and §107.110(2)(c) and §116.310312(2)(a) and §444.250(2) and §41.1395 and §41.1395(1), (4)(c)

Nevada
Appellant's Reply Brief, , 5 pgs
Other Materials

Argues Court must reverse decision and remand because: jury instruction ignored implied mens rea; expert testimony was unrefuted; statute's reference did not provide specificity

Nev.Rev.Stat. §484E.010 and §484E.030

Nevada
Plaintiff's Opposition to Partial Motion to Dismiss Third Amended Complaint Pursuant to NRCP 12(B)(5), , 10 pgs
Trial Pleadings

Requests Court dismiss motion because : claims are not barred by litigation privilege; defamation claim relates to non-litigation related statements; elder abuse claim is not subject to dismissal

Nev.R.Civ.Proc. 12(b)(5) and 8(a) and 9 and Nev.Rev. Stat. §41.1395 and 41A.035

Nevada
Defendant Shawn A. McGivney, M.D.'s Motion to Dismiss Plaintiff's Claims for Elder Abuse and Neglect and Punitive Damages, , 7 pgs
Trial Pleadings

Requests Court grant motion because: allegations do not claim complete failure to provide care; elder abuse claim does not allege requisite mental state; punitive damages do not rise to level of oppression, fraud or malice

Nev.R.Civ.Proc. 12(b)(5) and Nev.Rev.Stat. §41.1395 and §42.005

Nevada
Defendants Shiranee Jayasooriya, M.D., Dr. Shiranee M. Jayasooriya, Inc. and Dr. Shiranee M. Jayasooriya, P.C. Motion to Dismiss, , 11 pgs
Trial Pleadings

Requests Court grant motion because: physician expert's affidavit fails to support medical malpractice allegations as to defendant; claims for negligence, gross negligence, and breach of fiduciary duty are subsumed within medical malpractice cause of action; res ipsa loquitur is not supported by doctrine in medical malpractice cases

Nev.Rev.Stat.§41A.071 and §41.1395 and §41A.015 and §41A.035 and §41A.100 and §200.5092 and §42.005 and §42.005(1) and Chap. 41A

Nevada
Plaintiffs' Opposition to Defendant Shiranee Jayasooriya, M.D., Dr. Shiranee M. Jayasooriya, Inc., and Dr. Shiranee M. Jayasooriya, P.C.'s Motion to Dismiss, , 9 pgs
Trial Pleadings

Requests Court deny motion because: dismissal is premature until Nevada Supreme Court clarifies inconsistency between elder abuse statute and medical malpractice statute; complaint properly states cause of action under elder abuse statute; complaint complies with medical malpractice statute; punitive damages claim holds; claims for negligence, gross negligence, breach of fiduciary duty and res ipsa loquitur stand under common law medical malpractice standard

Nev.Rev.Stat. §41.1395 and §41A.015 and §41A.035 and §41A.071 and §632.019 and §50.275 and §42.005 and §42.007 and §42.005(1) and §42.001(4), (3) and Chap. 41A and §41A.100 and §41A.100(d) and Nev.R.Civ.Proc. 12

Nevada
Defendant Aleksandr Krivonovskiy, M.D.'s Motion to Dismiss the Vulnerable Person Abuse Claim and Punitive Damages Claim in Plaintiff's Second Amended Complaint, , 10 pgs
Trial Pleadings

Requests Court deny claims for vulnerable person abuse and punitive damages because: allegations are for negligent medical care, not failure to provide care; abuse of vulnerable person claim fails as a matter of law; no fact supports malice to claim punitive damages

Nev.R.Civ.Proc. 12(b)(6) and 12(c) and Nev.Rev.Stat. §41A and §41A.015 and §41.1395 and §41A.035 and §42.005 and §42.005(1)

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
Criminal Complaint, , 3 pgs
Criminal Case Materials

Alleges caregiver and manager of older adult group home knowingly: deprived resident of money, assets or property; made unlawful automatic teller machine withdrawals using vulnerable adult's debit card personal identification number (2013)

Nevada
Criminal Complaint, , 3 pgs
Criminal Case Materials

Alleges elderly home care facility owner: failed to provide perpetual authorized caregivers; failed to maintain residents' physical and mental health; knowingly admitted new residents after license suspended; failed to maintain accurate personnel and residential files (2013)

Nevada
Appellants' Opening Brief, , 27 pgs
Other Materials

Argues Court must remand to a different judge because judge is bias and reverse: dismissal of alter ego claim; imposition of sanctions; denial of motion for leave to amend complaint; future attorney fees rulings; restriction of rights to conduct discovery rulings

Nev.R.Civ.Proc. 1 and 3A(b)(1) and 4.4 and 8(a) and 12(b) and 12(b)(5) and 41 and 41(b)

Nevada
Appellants' Reply Brief, , 11 pgs
Other Materials

Argues Court must remand to a different judge and reverse: dismissal of alter ego claim; imposition of sanctions; denial of leave to amend complaint; future attorney fees rulings; restriction of rights to conduct discovery because judge's disqualification is warranted

Nev.Rev.Stat. §1.230 and §41.1395

Nevada
Petition for Writ of Mandamus, or in the Alternative, Prohibition, , 15 pgs
Civil Case Pleadings & Materials

Requests Court issue writ of mandamus or, in the alternative, a writ of prohibition vacating order granting partial summary judgment because: issues of material fact need clarification; writ relief is appropriate

Nev.Rev.Stat. §34.160 and §34.170 and §34.320 and §41.1395

Nevada
Motion To Dismiss Complaint, , 6 pgs
Civil Case Pleadings & Materials

Requests Court dismiss complaint because: claims are barred by statute of limitations; breach of oral contract claim is time-barred; elder abuse claim is time-barred; Nevada does not recognize a claim for elder abuse against an individual; quantum meruit claim is time-barred; fraudulent inducement claim is time-barred; fraudulent inducement and elder abuse claims are not pled with required particularity

Nev.R.Civ.Proc. 12(b)(5) and 9(b) and Nev.Rev.Stat. §11.190(2)(c), (3)(d) and §200.5091 et seq. and 427A.175

Nevada
Plaintiff's Opposition to Defendant's Motion to Dismiss, , 6 pgs
Civil Case Pleadings & Materials

Requests Court deny motion because: breach of oral contract claim is not time barred; elder abuse claim is not time barred; unjust enrichment claim is not time barred; fraudulent inducement claim is not time barred; Nevada recognizes a claim for elder abuse; fraud claim is pled with specificity; initially elder abuse claim does not need specificity

Nev.R.Civ.Proc. 12(b) and 9 and 9(b) and Nev.Rev.Stat. §11.190(2)(c), (3) and §41.1395

Nevada
Saxena Defendants' Motion for Summary Judgment as to Plaintiff Grzeda, on Order Shortening Time, , 6 pgs
Civil Case Pleadings & Materials

Requests Court grant motion because: plaintiff lacks standing to pursue statutory elder abuse claim; no issues of material fact exist

Nev.Rev.Stat. §41.1395 and §41.100 and §41.100(1) and Nev.R.Civ.Proc. 56(c)

Nevada
Defendants Janet Wheble, PA-C and Janet Wheble, PA-C, Ltd.'s Motion for Summary Judgment, , 12 pgs
Civil Case Pleadings & Materials

Requests Court enter summary judgment dismissing claims for elder abuse because plaintiffs lack standing to bring claims

Nev.R.Civ.Proc. 56 and 56(c) and Nev.Rev.Stat. §41A.071 and §11.500 and §41.1395 and §41.100 and §41.085 and §41.100(1) and §179A.230 and §41.1395(1), (2)

Nevada
Appellant's Opening Brief, , 7 pgs
Other Materials

Argues Court must reverse decision and remand because court granted summary judgment based on deemed admissions, answered late, while elderly citizen was pro se

Nev.R.Civ.Proc. 36

Nevada
Pespondents Healthsouth Corporation and Elsy Vasquez's Answering Brief, , 11 pgs
Other Materials

Argues Court must deny request to withdraw admissions and motion for reconsideration because plaintiff did not show good cause for delay and no excusable neglect was present

Nev.R.Civ.Proc. 36(a) and 36(b) and 60(b)(1) and Nev.Rev.Stat. §41A.100

Nevada
Opposition to Centaurus' Motion to Dismiss, , 12 pgs
Trial Pleadings

Requests Court deny motion because: elderly plaintiff is not incompetent; claims are not time barred; fraud cause of action is stated with suffucuent particularity; economic loss doctrine does not apply; negligent training, supervision and retention claim is properly alleged; defendant is subject to punitive damages

Nev.R.Civ.Proc. 12(b)(5), 9(b), 56(c) and Nev.Rev.Stat. §42.007(1)(a), (1)(b) and §239B.030

Nevada
Proposed Brief of Amicus Curiae, , 5 pgs
Other Materials

Argues Court must reverse order granting petition for writ of mandamus because: statutory authority prevents public disclosure of information ordered; interest in individual privacy outweighs public interest in specifically identifiable information

Nev.Rev.Stat. §288.040 and §286.110(3) and §286.117 abd §241.035 and §286.110 and §287.714 and §202.3662 and §202.3663 and §239.010(1) and §286.015(1)(c) and Chap. 288

Nevada
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