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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Showing results 1451 - 1475 of 1553
Complaint, 2012, 3 pgs
Trial Pleadings

Alleges: Firect Claim for Relief - Negligence; Second Claim for Relief - Breach of Contract; Third Claim for Relief - Elder Abuse

Or.Rev.Stat. §124.100 et seq.

Oregon
Complaint, 2012, 3 pgs
Trial Pleadings

Alleges: Violation of Elderly Persons and Persons with Disabilitites Abuse Prevention Act

Or.Rev.Stat. §124.100

Oregon
Complaint, 2012, 6 pgs
Trial Pleadings

Alleges: Claim 1 - Breach of Contract; Claim 2 - Indemnification; Claim 3 - Conversion; Claim 4 - Fraud; Claim 5 - Intentional Infliction of Emotional and Mental Distress; Claim 6 - Elder Abuse; Claim 7 - Declaratory Relief

Or.Rev.Stat. §124.100(1)(a), (2), (2)(c)

Oregon
Trial Pleadings

Alleges: First Claim for Relief - Elder Financial Abuse; Second Claim for Relief - Fraud; Third Claim for Relief - Broker Liability; Fourth Claim for Relief - Breach of Contract; Fifth Claim for Relief - Declaratory Judgment

Or.Rev.Stat. §59.840 through §59.980 and §59.850 and §124.100 et seq. and §124.100(2), (2)(c) and §124.120 and §59.925and §59.925(8) and §28.010 et seq. and §28.020

Oregon
Criminal Case Materials

Power of attorney knowingly breached to appropriate elderly adults' money or property for personal use (2012)

Oregon
Trial Pleadings

Requests Court deny motions because: harmed individual has a right to trial by jury; incorporation of definitions does not suggest legislature intended bench trials; legislative history supports trial by jury

Or.Rev.Stat. §124.100 and §31.170 and §124.100(2), (1), (3)(a), (3)(b), (a), (b), (2)(a), (2)(b), (5) and §18.560 and §174.010, §650.020 and §124.105(1)(a)-(h) and §30.020 and §30.866

Oregon
Trial Pleadings

Requests Court grant motions without the need for briefing or argument because a number of equivalent motions in liminepresented in another case were granted

Or.Rev.Stat. §124.100(5) and §124.105

Oregon
Complaint, 2011, 4 pgs
Trial Pleadings

Alleges: First Claim for Relief - Breach of Fiduciary Duty; Second Claim for Relief - Fraud; Third Claim for Relief - Elder Abuse; Fourth Claim for Relief - Attorney Fees

Or.Rev.Stat. §124.110 et seq. and §124.100(2), (2)(c), (2)(a)

Oregon
Complaint, 2011, 4 pgs
Trial Pleadings

Alleges: Violations of Elderly Persons with Disabilities Abuse Prevention Act

Or.Rev.Stat. §124.100 and §124.100(3)(c), (2)(c), (2)(a), (2)(b)

Oregon
Complaint, 2011, 3 pgs
Trial Pleadings

Alleges: Elder Financial Abuse

Or.Rev.Stat. §124.100 and §124,110 and §124.100(1)(c)

Oregon
Complaint, 2011, 5 pgs
Trial Pleadings

Alleges: First Claim for Relief - Elder Financial Abuse; Second Claim for Relief - Breach of Contract

Or.Rev.Stat. §124.100 et seq. and §82.010

Oregon
Complaint, 2011, 5 pgs
Trial Pleadings

Alleges: First Claim for Relief - Violation of Elderly Persons and Persons With Disabilities Abuse Prevention Act; Second Claim for Relief - Breach of Contract; Third Claim for Relief - Fraud

Or.Rev.Stat §214.100 and §124.100(2)(c) and §124.120(3)

Oregon
Complaint, 2011, 13 pgs
Trial Pleadings

Alleges: First Claim for Relief - Elder Abuse - Count I - Against Ohio National Financial Services, Inc. (Ohio National) - Count II - Against NYLIFE Securities LLC (NYLIFE) - Count III - Against New York Life Insurance and Annuity Company (NYLIAC) - Count IV - Against New York Life Investment Management LLC (NYLIM); Second Claim for Relief - Common Law Fraud - Count I - Against Ohio National - Count II - Against NYLIFE; Third Claim for Relief - Negligence - Against NYLIM; Fourth Claim for Relief - Conversion - Against OnPoint Community Credit Union (OnPoint); Fifth Claim for Relief - Negligence - Against OnPoint

Or.Rev.Stat. §124.100(1)(a), (1)(e)(A), (2), (2)(c) and §124.100

Oregon
Amended Complaint, 2011, 16 pgs
Trial Pleadings

Alleges: First Claim for Relief - Elder Abuse - Count I - Against Colleen Averill (Averill) - Count II - Against O.N. Equity Sales Company (ONESCO) - Count III - Against New York Life Insurance Company (NYLIC); Second Claim for Relief - Common Law Fraud - Count I - Against Averill - Count II - Against ONESCO; Third Claim for Relief - Conversion - Count I - Against Averill - Count II - Against ONESCO - Count III - Against NYLIC; ourth Claim for Relief - Negligence - Count I - Against ONESCO - Count II - Against NYLIC; Fifth Claim for Relief - Securities Fraud - Count I - Against Averill - Count II - Against ONESCO

Or.Rev.Stat. §124.100(1)(a), (1)(e)(A), (2)(c), (2) and §124.110 and §59.115 and §59.135 and §59.115(10), (3) and §59.137(2)

Oregon
Trial Pleadings

Requests Court grant motion because: plaintiff fails to state claim for which relief can be granted; broker-dealer cannot be held liable under any theory for elder abuse

Oregon_Gattuccio_ONESCO_Motion.pdf

Oregon
Trial Pleadings

Requests Court deny motion because: elder abuse liability applies to person(s) through which entities operate; plaintiff pleads sufficient facts to support permitter or assister of financial abuse claim

Or.Rev.Stat. §124.100 et seq. and §124.115(1), (2) and §124.115 and §124.100 and §706.008 and §442.015 and §59.005 and §59.541 and §124.100(1) and §124.105(1) and §124.110 and §174.100(5) and §161.015(5) and §124.105 and Or.R.Civ.Proc. 21 A(8) and 21 B

Oregon
Trial Pleadings

Affirms: First Defense - Failure to State a Claim; Second Defense - Failure to Mitigate; Third Defense - Contributory Negligence; Fourth Defense - Statutes of Limitations; Fifth Defense - Negligence; Sixth Defense - Estoppel; Seventh Defense - Doctrine of Waiver; Eighth Defense - Proximate Cause; Ninth Defense - Superseding Negligence; Tenth Defense - Claim Barred; Eleventh Defense - Doctrine of Laches; Twelfth Defense - Assumption of Risk; Thirteenth Defense - Personal Jurisdiction; Reservation of Right to Amend

Or.Rev.Stat. §124.115

Oregon
Complaint, 2011, 11 pgs
Trial Pleadings

Alleges: First Claim for Relief - Elder Abuse - Count 1 - Against Sharon Bankofier, Duane Bankofier and Oregon Realty - Count 2 - Against Oregon Realty, Chicago Title and Equity Advantage; Second Claim for Relief - Breach of Good Faith and Fair Dealing; Third Claim for Relief - Breach of Fiduciary Duty; Fourth Claim for Relief - Negligence; Fifth Claim for Relief - Unlawful Trade Practices; Sixth Claim for Relief - Fraud; Seventh Claim for Realty - Sales of Unregistered Securities; Eighth Claim for Relief - Securities Fraud; Ninth Claim for Relief - Sale of Securities by Unlicensed Broker-Dealer or Salesperson

Or.Rev.Stat. §124.100 and §124.100(3)(b), (3)(d), (2)© and §124.120(3) and §696.805 and §696.810 and §646.608 and §59.015(19)(a) and §59.055 and §59.115 and §59.115(10) and §59.165

Oregon
First Amended Complaint, 2011, 11 pgs
Trial Pleadings

Alleges: First Claim for Relief - Violation of Elderly Persons and Persons With Disabilities Abuse Prevention Act - Count 1 - Against Sharon Bankofier, Duane Bankofier and Oregon Realty - Count 2 - Against Oregon Realty, Chicago Title and Equity Advantage; Second Claim for Relief - Breach of Good Faith and Fair Dealing; Third Claim for Relief - Breach of Fiduciary Duty; Fourth Claim for Relief - Negligence; Fifth Claim for Relief - Unlawful Trade Practices; Sixth Claim for Relief - Fraud; Seventh Claim for Relief - Sales of Unregistered Securities; Eighth Claim for Relief - Securities Fraud; Ninth Claim for Relief - Sale of Securities by Unlicensed Broker-Dealer or Salesperson

Or.Rev.Stat. §124.100 and §124.100(3)(b), (3)(d), (2)(c) and §124.120(3) and §696.805 and §696.810 and §646.608 and §59.015(19)(a) and §59.055 and §59.115 and §59.115(10) and §59.165

Oregon
Trial Pleadings

Requests Court dismiss complaint with prejudice and without opportunity to amend because: plaintiff fails to allege facts sufficient to state viable claim for relief; claims are indefinite and uncertain

Or.R.Civ.Proc. 21 and 21D and 21E and 21A(8) and 18A and 18 and Or.Rev.Stat. §696.805 and §124.110 and §124.110(1)(a) and §696.806(6) and §696.800(11) and §696.810 and §646.638(1) and §646.608 and §646.638 and §646.605(6) and §59.055 and §59.015(19)(a), (1), (8), (18) and §59.115 and §59.135(1), (3) and §59.115(3)

Oregon
Sentencing Memoranda

Recommends Court impose maximum consecutive sentence to protect public and vulnerable individuals (2010)

Or. Rev. Stat. §137.123(2) and §137.085

Oregon
Trial Pleadings

Recommends Court support motion because: defendant was not in contempt; defendant's attorney lacked authority to bind client to a non-consensual stipulated agreement; prerequisite procedures for entering order based on non-appearance were not followed; violation was neither willful nor with bad intent; basis for contempt issue was unsigned stipulated order which included a patently false statement

Or.Rev.Stat. §33.055 and §9.330 and §33.015 to §33.155 and §33.065 and §33.055(5)(a), (4), (6), (5)(b), (8)

Oregon
Trial Pleadings

Requests Court deny motion because: defendant and defendant's counsel participated in hearing memorializing court's findings and placing order on record; defendant has avoided court ordered obligations

(Intentionally Left Blank)

Oregon
Complaint, 2010, 3 pgs
Trial Pleadings

Alleges: First Claim - Elder Financial Abuse; Second Claim - Conversion

Or.Rev.Stat. §124.100(1)(a), (2) and §124.110

Oregon
Trial Pleadings

Recommends Court enter judgment in the amount of triple damages plus prejudgment interest and attorney fees because: decedent was vulnerable person; financial indebtedness to decedent was not disclosed in probate proceeding; decedent lacked contractual capacity to make financial transfers; decedent was unduly influenced to make "loans"

Or.Rev.Stat. §124.005 et seq. and §124.100(1)(a), (2), (3)(c) and §124.110(1)(a) and §31.710 and Or.R.Civ.Proc. 68C

Oregon

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