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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 Guaranteed Maximum Price: A Fixed Fees Option for Legal Costs

Domina Law Group pc llo announced a new option for qualifying Clients and cases in business litigation. The announcement expands the Firm’s current billing options, including those that left billing by the hour behind over a decade ago.

On a case by case, Client by Client basis, Domina Law Group pc llo will commit to prosecute or defend cases in Court on a fixed fee basis. Where a case qualifies for the arrangement, the Firm’s Lawyers will perform segmented parts of cases in Court for fees negotiated and committed in advance. Where matters are resolved before a segment is completed, or even reached, the costs are not incurred.

The Firm’s approach is akin to Guaranteed Maximum Price (GMP) contracting for construction of a building. It applies where the Client and the Firm negotiate and agree to specifications for a case’s progress. Just as a GMP is appropriate where building plans are drawn, or can be drawn as a part of the contracting process, Domina Law Group pc llo identifies steps that can be predicted in proposed litigation. These forecasts are reduced to writing and become contractual; this gives the Client certainty and makes it far more realistic and possible for a business person to make decisions in advance.

The Firm has used this approach to select cases in the past with good response. The pressing need for this approach led to the decision to elevate the GMP billing arrangement to a formal Billing Option of the Firm.

More than a decade before the economic crises of 2008 hit, Domina Law Group pc llo put a halt to a large part of uncertainty about legal costs. “Except where Clients insist otherwise which is rare, we stopped billing by the hour in 1997,” David Domina said. “Now, we want to offer Clients certainty about legal costs… even in the uncertain world of litigation,” he explained.

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.

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