Elder Justice Prosecutor Samples
United States of America ex rel. Cara Garcia v. Integrated Health Systems, Inc. and Magnolia Manor of Moncks Corner, Inc., in the United States District Court, District of South Carolina, Columbia Division, Amicus Brief in Response to Defendants' Motion to Dismiss. Defendants' motion to dismiss the complaint for failure to state a claim on which relief can be granted should be denied. 7/16/2003
Argues Court must afirm convictions but reverse decision to merge scheme to defraud and deceptive business practices convictions because sentence is appropriate due to aggravating factors
Argues Court must affirm Superior Court's judgment because Office of Elder Fraud and Assistance's failure to conduct a reasonable investigation prior to filing petition and facts' failure to support fraud allegations warrant upholding fees award
Argues Court must affirm restitution award in its entirety because evidence supports portions related to the accounts
Argues disputed amount of restitution was established by a preponderance of evidence. Requests Court affirm award (2013)
Alleges: conversion of funds; breach of fiduciary duty; fraudulent obtaining and use of access device; breach of good faith and fair dealing. Requests damages in excess of $30,000 (2013)
Recommends judgment in plaintiff's favor for economic damages in principal amount plus contractual interest through judgment entry date, attorney fees, costs and post-judgment interest
Requests Order to protect assets during pendency of protective proceeding and to prevent unjust enrichment (2012)
Argues Court must affirm judgment because passenger had no fiduciary relationship with liability insurer, failed to establish actual damages, and trial court awarded no damages or affirmative relief
Argues superior court decision must be affirmed because state tort claims are barred by an Alaska statute and no claim establishes depravation of a federally protected right or a lack of due process
Argues all defendants and counts must be remanded for a jury trial because trial court erred in granting motion for summary judgment since record presents genuine issues of material fact including whether report of harm was in "good faith" and failure to supervise and train claim should not have been dismissed
Argues Court must affirm denial of post-conviction relief because defendant's attorney's retroactive transfer to disability status did not equate to per se ineffectiveness
Argues failure to establish deprivation of federal right or suffering due to lack of process. Requests affirmation of superior court decision (2010)
Argues financial exploitation of elderly adult. Requests order to convey interest in co-owned property, financial accounting and damages based on evidence (2009)
Alleges: conversion of money; conversion of property; civil fraud; breach of fiduciary duty; breach of fair dealing and value misrepresentation. Requests sale rescission, financial accounting, injunction against communication, all monies reimbursed, attorney's fees, costs. punitive damages (2008)
Affirms victim's declining health, mental abilities and cognitive capacity rendered him disoriented, dependent and susceptible to undue influence (2008)
Argues discretionary function immunity protects against conservator's claim of actionable duty to upgrade a conservatorship to a guardianship (2004)
Requests Court: grant temporary restraining order and waive security requirement or, in the alternative, set nominal bond and grant permament injunction until modification or litigation is resolved
Argues Court must affirm trial court's opinion and proponents are entitled to summary judgment
Argues Court must: vacate trial court's Final Judgment; vacate trial court's Order; provide new trial court with jury selection and punitive damage award guidelines
Argues Court must reverse trial court's decision and assess entire Plaintiffs' attorneys' fees as damages under equitable principles and Alabama Litigation Accountability Act
Argues Court must reverse circuit court's affirmation because: proposed free-standing emergency department (FED) is inconsistent with State Health Plan; there are no Department of Public Health Regulations for a FED; no location is proposed for a FED
Argues Court must affirm judgment and assess damages for wrongful appeal because appellant denies responsibility for debt, ignores Alabama law and mischaracterizes case
Argues Court must reverse trial court's undue influence finding because rebuttal shows intent to change 1993 Will's terms
Argues testimony was neither within res gestae of incident nor subject to hearsay exceptions and its admission was abuse of discretion; requests Court grant motion to vacate judgment and set case for a new trial