Elder Justice Prosecutor Samples
Argues Court must dismiss appeal or hold appeal in abeyance pending trial court rulings or, in the alternative, affirm instanter order as temporary measure to maintain status quo pending resolution of remaining issues.
Argues death terminated administrator's power of attorney and rendered draw request void
Argues Circuit Court's Order must be reversed and matter remanded with instructions to stay further litigation pending arbitration because defendant signed Second Arbitration Agreement and was beneficiary of loan documents including First Arbitration Agreement
Argues Court must reverse circuit court's decision because issues of material fact exist on some or all of the issues submitted for summary judgment
Alleges tort of outrage, assault, false imprisonment, intentional interference with governmental operation, malicious prosecution, unlawful search and seizure, excessive use of force, inadequate training and supervision, deliberate indifference through custom; requests implementation of policies and procedures with monitoring, compensatory and punitive damages
Argues Court must find disclosure drafted informed consumers have a "right to sue"
Requests Court reverse State Health Planning and Development Agency's decision because it was erroneous, arbitrary and capricious
Argues claims do not arise under Medicare Act and judicial process is claims' appropriate forum; requests Court deny petition for writ of mandamus
Alleges Medicaid fraud and deceptive trade practices; requests restitution, interest, monetary penalities, injunction against the offending conduct and jury trial
Alleges Medicaid fraud and deceptive trade practices; requests restitution, interest, monetary penalities, injunction against the offending conduct and jury trial
Argues pharmaceutical price inflation devastates people relying on prescription medicine. Requests lower court's judgment and verdict be upheld (2009)
Argues long-term deliberate pricing fraud. Requests trial court's judgment for fraudulent misrepresentation and suppression be affirmed (2009)
Alleges: elder abuse; elder financial exploitation; breach of agreement; negligence and wantonness; fraud; deceit; conversion (2009)
Alleges financial exploitation of vulnerable adult by coercion and undue influence (2007)
Requests Court deny motion to dismiss and order defendant to answer amended complaint. Requests leave to serve another amended complaint (2006)
Requests Court deny motion for new trial or for remittitur of compensatory damages award because evidence showed profit from services not delivered and wanton conduct that supported breach of contract and wrongful death allegations (2002)
Argues Court must affirm board's decision because appellant voluntarily left work after Department of Long Term Care determined abuse or neglect report was unfounded
Alleges age and gender discrimination, neglect and abandonment; requests compensatory and punitive damages, reinstatment or front pay, and attorney fees
Alleges negligence, medical malpractice, breach of admission agreement, violations of Long-Term Care Facility Residents Rights Act, breach of provider agreement, deceptive trade practices, administrator neglect; requests judgment against defendants, damages caused by alleged conduct, litigation costs, attorneys' fees, punitive damages
Argues Court must dismiss petition for judicial review, deny appeal and uphold final order because evidence supports neglect and failure to follow care plan
Argues Court must reverse finding of neglect because neither Inservice Education Reports nor Activities of Daily Living books evince petitioner received information that resident was a fall risk
Alleges negligence, medical malpractice, breach of provider agreement, disregard for resident's rights and safety, deceptive trade practices, breach of duty of care; requests judgment against defendant, damages for alleged injuries, litigation costs, attorneys' fees, and punitive damages
Alleges negligence, medical malpractice, breach of provider agreement, disregard for resident's rights and safety, deceptive trade practices, breach of duty of care; requests judgment against defendant, damages for alleged conduct, litigation costs, attorneys' fees, punitive damages
Alleges negligence, medical malpractice, violations of the Protection of Long-Term Care Facility Residents Act, deceptive trade practices; requests judgment against defendants, damages caused by alleged conduct, litigating costs, attorneys' fees, punitive damages
Argues Court must affirm motion because: no substantial evidence supports a jury verdict; federal law preempts and state statute limitations bar Arkansas Medicaid Fraud False Claims Act claim; defendants did not make false representations or act knowingly; alleged false misrepresentations or statements were not material; federal law preempts and state statute limitations bar Arkansas Deceptive Trade Practices Act claim; there is no basis for imposing penalties