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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Circuit Court Affirms Decision Against Cattlemen

United States Court of Appeals for the 11th Circuit's Three Judge Panel assigned responsibility for review of the Pickett v. Tyson case affirmed a lower court ruling, stripping cattlemen of their hard-earned victory before an Alabama Federal Jury.

The Appeals Court ruled that "no reasonable jury" could have held for the cattlemen. It concluded that captive supply arrangements used to harness a large fraction of the cattle slaughtered for U. S. human consumption provide Tyson with a steady supply of cattle, and permit it to compete against others. The cattlemen contended that this was illegal, as inventory manipulation equals price manipulation, and the purpose of the antitrust law governing the livestock industry is to protect producers by promoting an active market.

"We are looking hard at our right to ask the 11th Circuit to review the Panel's decision en banc, and at a petition for review by the United States Supreme Court," Dave Domina said. Domina and Birmingham, Alabama, lawyers, Joe Whatley and Peter Burke, will decide how to proceed in the next several days.

Domina continued, "We are sorely disappointed for the nation's independent producers, and its independent business people, that the 11th Circuit's decision is so insensitive to the needs of the American public for a vast number of individual business people, giving all Americans the opportunity to get into business and stay in on their own, as independents, and not only at the invitation of corporate executives."

Joe Whatley added, "The fight isn't over!"

August 22, 2005
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

Categories: Agricultural Law

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