Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Brief of the Appellants, 2013, 16 pgs
Other Materials

Argues Court must: reverse dismissal of malicious prosecution claim and remand to permit discovery and briefing; reverse grant of summary judgment on invasion of privacy and civil conspiracy claims and remand to permit discovery and briefing

Ohio Rev.CodeAnn. §109.57 and §109.57(C) and §1347 and §1347.10(A)(2)and §1347.10 and §2744 and §2744.02(B)(5)and §2744.03 and §2744.03(A)(6), (A)(7) and §2913.04(C), (D) and §5503.10 and Ohio R.Civ.Proc. 12(B)(6) and Ohio Admin. Code 4501:2-10 and 4501:2-10-06(B)

Ohio
Trial Pleadings

Requests Court deny motion because: claims are not subject to statute of limitations; defendants are not protected under medical malpractice statute; plaintiff has adequately pled fraud and breach of fiduciary duty

Ohio Rev.CodeAnn. §2305.113 and §2305.113(E)(3), (E)(14) and §2125.02(A)(2), (C) and §2305.11(D)(3) and §2305.10 and §3721.01 and §3721.01(A)(4), (A)(5), (A)(5)(a), (A)(6) and §3721.04 and §3721.10 and §3721.10(A)(1)(a) and Ohio R.Civ.Proc. 12(B)(6)

Ohio
Trial Pleadings

Alleges: Count I - Retaliation In Violation Of R.C. §3721.24 Against Hospice; Count II - Retaliation In Violation Of R.C. §3721.24 Against Killian; Count III - Wrongful Discharge In Violation Of Ohio Public Policy Against Hospice; Count IV - Tortious Interference With Business Relationship Against Brookdale; Count V - Retaliation In Violation Of R.C. §3721.24 Against Brookdale

Ohio Rev.CodeAnn. §3721.21 and §3721.24 and Ohio R.Civ.Proc. 3(B)(3)

Ohio
Other Materials

Argues Court must dismiss because defendant failed to file interlocutory appeal at first opportunity or, in the alternative, affirm on grounds plainitiff lacked capacity to sign arbitration agreement as decedent's representative and confirm arbitration agreement does not apply to wrongful death claim and remand

Ohio Rev.CodeAnn. §1337.17 and §2125.01 and §2125.02(A)(1) and §2711.02(C)

Ohio
Other Materials

Argues Court must reverse decision and grant writ of mandamus because: appellant has statutory right to appointed counsel in guardian review hearing; states with similar statutes establish right to appointed counsel; public policy favors counsel appointments for indigent populations subject to guardianship; appointment of counsel is necessary for indigent parties in initial guardianship and guardianship review hearings; failure to appoint counsel for indigent parties in guardianship review hearings negatively packs court system

Ohio Rev.CodeAnn. §120.03 and §2111.01 and §2111.02 and §2111.49 and §2111.48(C) and §2111.51 and §2151.35 and §2151.414 and §4705.01 and §4705.07 and §4705.99 and §5122 to §5122.15

Ohio
Other Materials

Argues Court must assure there is due process of law and fairness in proceedings because: motion for leave to file answer instanter is before court; motion for relief from entry of default does not preclude excusable neglect; notice of suggestion of death is filed and award of future damages for deceased plaintiff is contrary to law; punitive damages under determination meritorious defenses do exist contradicts law

Ohio R.Civ.Proc. 6(B)(2) and 60(B)(1), (5) and 60(B) and 6(q)(2) and 6(B)

Ohio
Other Materials

Argues Court must affirm judgment because: unsigned agreement did not require decedent to make changes; agreement gave decedent option to act; existence of unsigned agreement did not warrant reformation; decedent retained discretion to amend trust; decedent did not re-title assets or make distributions

Ohio R.Civ.Proc. 12(B)(6) and Ohio Rev.CodeAnn. §2111.01 and §2721.01 and §2721.07 and §5804.07 and §5804.12(A) and §5804.15

Ohio
Civil Case Pleadings & Materials

Recommends Court admit expert witness's testimony (2010)

Ohio
Other Materials

Argues Court must affirm decision because: reformation and doctrine of equitable estoppel do not apply to non subordination agreement participant; doctrine of equitable subrogation is not required; unjust enrichment does not apply to payment for delivered service

Ohio Rev.CodeAnn. §5301.23

Ohio
Trial Pleadings

Requests Court overrule objections because: respondent did not advise client to obtain disinterested advice; respondent failed to discuss risks or conflict of interest; respondent's undue influence constituted self-dealing; remand request was not supported by case law; suspension was appropriate

(Intentionally Left Blank)

Ohio
Trial Pleadings

Requests Court grant partial summary judgment because: employer is liable for employee's acts under respondeat superior doctrine; employer is liable for its own negligence, recklessness, and/or intentional misconduct in hiring, retaining and supervising employees; employer is liable for misconduct performed within scope of employment

Ohio Rev.CodeAnn. §2903.13(A) and §2903.10(A) and 3721.121(C)(1), (C)(2), (F), (H)(1) and §3721.121 and §3319.39(B)(1) and Ohio R.Evid. 801(D)(2) and 804(B)(3) and Ohio R.Civ.Proc. 56(C), (E) and Ohio Admin.Code 3701:17-07

Ohio
Other Materials

Argues Court must reverse decisions and remand because: substitution of estate for incorrect nominal party plaintiff is inconsistent with controlling precedent; substitution of incorrectly pled estate representative relates back to complaint filing; decisions are not based on claim's merits; estate administrator can act for disabled resident

Ohio Rev.CodeAnn. §3721 and §2305

Ohio
Trial Pleadings

Memorandum of Plaintiff in Opposition to Defendant's Motion in Limine to Exclude the Testimony of Plaintiff's Expert John H. Fullerton, M.D.

(Intentionally Left Blank)

Ohio
Trial Pleadings

Recommends Court grant jurisdiction or, in the alternative, reverse judgment because: dismissal does not bar subsequent action on same claim; issue preclusion is not applicable

Ohio R.Civ.Proc. 12(B)(6)

Ohio
Trial Pleadings

Alleges: First Cause of Action - Negligence; Second Cause of Action - Negligence Per Se; Third Cause of Action - Wrongful Death with Loss of Chance; Fourth Cause of Action - Res IPSA Loquitur; Fifth Cause of Action - Breach of Contract; Sixth Cause of Action - Loss of Consortium; Seventh Cause of Action - Punitive Conduct; Eighth Cause of Action - Subrogation; Ninth Cause of Action - Subrogation; Tenth Cause of Action - Subrogation

Ohio R.Civ.Proc. 10(D)(2) and Ohio Rev.CodeAnn. §3721.13(A), (A)(2), (A)(3), (A)(4), (A)(6), (A)(25), (A)(26), (A)(27)(a)(i), (A)(31), (A)(32)

Ohio
Civil Case Pleadings & Materials

Alleges: Court has jurisdiction; termination for reporting vulnerable adult abuse wrongful (2009)

Ohio Rules of Civil Procedure 3(B)(3) and (6) and R.C. 3721.24 and 3721.24(A) and 3721.24(C ) and 3721.22

Ohio
Other Materials

Argues Court must reverse judgment because: amount of actual and punitive damages is unsupported by evidence and warrants vacation for a new trial or significant remittance; legal error warrants vacation of any judgment not reversed and remand to a different judge

Okla.Stat.tit. 12, §698, §3237(B), (D), §591 and 23, §97 and and 63, §1921(F)(6) and §63 and §3237 and Okla.Admin.Code §310:663-3-2 and §310:663-3-7 and §310:663-13-1(b)

Oklahoma
Appellant's Reply Brief, 2015, 12 pgs
Trial Pleadings

Argues Court must reverse Probate Court's interlocutory order and order decedent's Will admitted into probate because: deathbed Will witnesses were not independent; deathbed Will's execution did not comply with statute requirements; respondents exercised undue influence in obtaining execution of Will

Okla.Sta.tit. 84, §55, §143, §144 and 43, §11-101 and 58, §1072.2 and 12, §2, §1443.1

Oklahoma
Other Materials

Argues Court must reverse ruling with instructions to grant plaintiffs fiduciary accounting because: plaintiffs never received full accounting; plaintiffs established a balance due from defendants; attorneys' fees award was incorrect and improper

Okla.Stat.tit. 60, §175.57(D) and 12, §929, §930, §942

Oklahoma
Appellee's Answer Brief, 2015, 16 pgs
Other Materials

Argues Court must affirm orders because: plaintiffs failed to prove balance due; plaintiffs received accountings; defendants were entitled to attorneys' fees

Okla.Stat.tit. 54, §1-404(b)(1), (d) and 12, §929, §930, §942 and 60, §175.57(D)

Oklahoma
Trial Pleadings

Requests Court deny motions because: physician is qualified to testify regarding causation; defendant does not provide accurate assessment of physician's expert testimony; defendant's argument on causation fails; plaintiff meets causation burden

Okla.Stat.tit. 12, §2702

Oklahoma
Other Materials

Argues Court must reverse cancellation of deed judgment because: deed was fair and impartial transaction; appellant was prevailing party; loan balance was open account

Okla.Stat.tit. 12, §2701 and §936

Oklahoma
Other Materials

Argues Court must reverse judgment because: confidential relationship was confirmed; loans were based on concurrent dealings, had unsettled terms and were on open account

Okla.Stat.tit. 12, §2701 and §2702 and §133 and §142

Oklahoma
Other Materials

Argues Court must reverse judgment or, in the alternative, remand because evidence showed dental board was liable for assault and defendant demurrer to evidence was granted in error

(Intentionally Left Blank)

Oklahoma
Other Materials

Argues Court must grant motions to compel arbitration because: applicable agreement to arbitrate exists; failure to read arbitration provision does not preclude enforcement; dispute resolution clause is not unconscionable; purchase agreement and retail installment sales contract are a single agreement

(Intentionally Left Blank)

Oklahoma

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