Calabrese Leads Clinic to Victories

Professor Gina Calabrese, with law students of the Consumer Justice for the Elderly: Litigation Clinic recently celebrated two important victories in CJELC cases.  In one case, the Clinic obtained a judgment cancelling fraudulent deeds that robbed an elderly man with Alzheimer’s disease of title to his home.  In the other case, the Clinic obtained a preliminary injunction on behalf of a  95-year-old woman who transferred her house to her nieces with the condition that they not sell it until after she died and that they use the proceeds to pay for her funeral.  The nieces sold the house, violating the terms of the constructive trust, and retained the proceeds for themselves.  The new owner attempted to evict the elderly woman; the preliminary injunction preserves her right to remain in the home while the lawsuit is pending.  The Clinic also defeated four cross-motions to dismiss the action.  The court’s decision cites much of the legal authority that appeared in the Clinic’s briefs.

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