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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.

Domina Law Group pc llo Fights for Grain Producer Against USDA

Attorneys David Domina and Michael Stumo of Domina Law Group pc llo defended a Mapleton, Iowa farmer from US Department of Agriculture farm program benefit cuts. Alan Bruhn of Mapleton, Iowa is one of the best conservation farmers in the state. He uses cutting edge, no till conservation management with a high yield, high population, and high fertility method to eliminate erosion on the steep loess slopes of western Iowa. His farming practices have been applauded by the National Soil Tilth Laboratory.

The local USDA Natural Resources Conservation Services, however, determined Mr. Bruhn was technically out of conservation compliance on less than 1% of his land. The drastic result was a USDA determination, at the Iowa Farm Services Agency level, eliminating 2004 farm program benefits.

He called Domina Law Group pc llo to help. David Domina and Michael Stumo represented Mr. Bruhn in a two day USDA National Appeals Division hearing. Domina Law Group pc llo retained the expert services Dr. John Laflen, a national soil erosion expert who developed data underlying USDA's soil erosion prediction formulas.

Mr. Bruhn's modern no-till methods resulted in more effective erosion control than established, but less effective, waterway and terracing practices. Neighboring farmers, agronomists and employees testified on Mr. Bruhn's behalf.

The USDA National Appeals Division Hearing Officer is now deliberating. A decision is expected in late November.

October 24, 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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