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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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Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Malicious Prosecution Verdict Redresses Oppressive Lawsuit Litigation Tactic

David Domina had no choice but to tell the Firm's Wisconsin client the statute of limitations made a suit against her uncle impossible. More than 25 years passed between the uncle's memory - refreshing acts of aggression and his sexual misconduct against the client. Though no legal recourse was available, the client was at liberty to, and able to, tell her immediate family members what had occurred to her as a child. When she did so, and word of her "coming out" reached the uncle, he did something foolish.

The perpetrator sued the victim, alleging her statements about his sexual aggression against her as a little girl were false. The uncle filed a liable, slander and invasion of privacy suit against his victim.

Of course, the uncle's suit had no merit. He knew this when he filed the case, but chose a "slap suit" tactic to try to silence her.

At trial in August 2005, a federal jury heard Domina Law Group pc llo's client was terrorized by the suit and fearful of the legal process. No evidence of "special damages" or out-of-pocket expenses was presented, but the victimization process was enough. The jury returned its verdict in favor of Domina Law Group pc llo's client for $200,000.

A year earlier, in August 2004, a Nebraska state court jury returned a separate verdict in favor of the same client, and against the same uncle. That suit, predicated on the uncle's harassive telephone calls preceded his slap suit, and produced a verdict of $150,000 for the DLGpc client.

"Perhaps this man will finally get - and learn he is to leave our client alone," Dave Domina said. "If he doesn't, he can expect to be hauled to the bar of a courtroom again."

August 31, 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: Complex Litigation

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