Elder Justice Prosecutor Samples
Alleges medical negligence, ordinary negligene, felony neglect of an endangered or impaired adult, deceptive trade practices, illegal actions against an elderly and disabled person, breach of fiduciary duty, wrongful death; specifically reserves constitutional objections to Civil Justice Reform Act of 2003 applicability; requests trial by jury, litigation costs, attorney fees, punitive damages exceeding minimum amount required for federal court jurisdiction in diversity of citizenship cases
Requests Court deny motion or, in the alternative, requests Court direct discovery regarding enforceability of arbitration agreement because removing claims from justice system submits matters to an arbitrator
Alleges negligence, willful, wanton, gross, flagrant, reckless or conscious indifference and wrongful death; asserts claim for medical expenses, hospitalization, extreme pain and suffering, mental anguish, degradation, disability, disfigurement, emotional distress, loss of personal dignity, loss of life, costs, attorney's fees and punitive damages
Alleges negligence, neglect of non-delegable duty, wrongful death, violations of the Arkansas Long Term Care Residents Rights statute; requests judgment against defendants, jury trial, damages for alleged conduct, litigation costs, punitive damages
Argues Court must grant motion because: violation of residents' rights claim does not apply to defendants; violation of Deceptive Trade Practices claim does not meet specific fact requirements; elderly neglect claim fails to allege intentional acts or omissions; negligence allegation does not apply to defendants; medical malpractice claim fails to attribute specific actions or facts to each defendant
Argues evidence supports abuse of endangered or impaired person conviction (2010)
Argues evidence supports jury's verdict of guilty for elderly abuse and court rightfully denied trial counsel's motion to withdraw (2009)
Argues: evidence supports conviction; adult-abuse statute not void for vagueness. Requests case be affirmed (2008)
Argues punitive damages for elderly nursing home resident's death constitutional (2002)
Territorial Federal District Courts exist in every Territory except American Samoa
Requests Court order partial satisfaction of awarded judgment or amend award in offset amount because sanctions should be applied to offset verdict in favor of party rejecting settlement offer
Requests Court dismiss claims under Adult Protective Services Act and enter summary judgment in Southern Arizona Regional Rehabilitation Hospital's favor because Third Amended Complaint was filed after statute of limitations expired and that delayed filing deprived Hospital of nonparty-at-fault defenses
Requests Court grant motion and dismiss Adult Protective Services Act claim because decedant lived four years, suffered a variety of maladies, underwent multiple surgeries and was admitted to hospitals and nursing homes more than 20 times after being discharged from University Medical Center
Requests Court order claim submitted under Adult Protective Services Act because injuries and death caused by failure to provide adequate nutrition and nursing support preclude summary judgment and require a jury trial
Requests Court enter partial summary judgment and award attorneys' fees because defendants were not hired to provide or assume legal duty for a vulnerable adult's care
Court finds plaintiff or his estate entitled to treble damages, attorney's fees and costs with interest because defendant financially exploited a vulnerable adult
Argues Court must instruct jury on punitive damages and applicability of statute because a pattern of disregard for victim's health and safety justifies punitive damages and negligent care of a vulnerable adult supports Adult Protective Services Act claim
Recommends Court deny request for jury instruction on abuse and neglect of the aged because the Adult Protective Services Act was enacted to include acute care hospitals
Requests Court reverse ruling to refuse Adult Protective Services Act instruction or, in the alternative, make a finding that meets predicate definition of a neglected vulnerable adult, based on jury's verdict
Requests Court deny motion because violation of a regulation is evidence and admissible under Adult Protective Services Act
Requests Court admit relevant federal regulations because failure to provide that standard of care is evidence of negligence
Requests Court grant summary judgment on elder abuse claim because: plaintiff is not vulnerable adult; Adult Protective Services Act exempts defendants from liability and does not address treatment at issue; defendants did not intend to cause injury; evidence does not justify punitive damages
Alleges elder abuse, wrongful death and vicarious liability for all acts and failure to act by each defendant; requests trial by jury, compensatory and punitive damages, attorney's fees and costs
Requests Court deny motion to preclude expert witness standard of care opinions because this matter is not a medical malpractice action
Requests Court deny motions because corporate entities are subject to liability pursuant to direct liability, vicarious liability and under alter ego theory; evidence permits punitive damages go to the jury