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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.

Midwestern Clients Affected by BP Oil Spill Urged To Investigate Remedies

Domina Law Group pc llo announced to its clients, and others who regularly read its website, concerning their legal rights against Transocean Co., and British Petroleum. Many Midwestern companies, ranging from shipping companies to importers of seafood from the Gulf or rice from Louisiana, and “others whose interests we cannot imagine,” may have substantial losses, including lost profits and commercial losses, against Transocean and British Petroleum.

Claims must be processed on an urgent basis.

Transocean filed a “limitation action” in the United States District Court in Houston. The “limitation action” seeks to extinguish all liability against Transocean, at or above a minimum cap on all liabilities of $27 million. This aspect of the case is unlikely to succeed, but another aspect has already resulted in court orders which could adversely impact Midwestern businesses for millions of dollars.

The federal court in the Transocean case exercised its authority by issuing an order shortening the statute of limitations in the limitation action. The federal court’s order, issued in Case No. 10-1721, In Re Complaint & Petition of Triton Asset Leasing GmbH, Transocean Holdings LLC, et al., was issued May 13, 2010. The order requires published notice of the complaint and limitations on claims, and it orders claims must be filed “with the Clerk of this Court and… a copy thereof to Attorney In Charge for Petitioner on or before the 15th day of November 2010… or be forever barred….”

The required legal notice will be published in the Houston Chronicle, but not elsewhere.

David Domina of Domina Law Group pc llo said, “We urge our clients to contact us, and others to contact their lawyers, about these difficult matters and make them aware of In Re Complaint of Triton in federal court in Houston, and concern yourself with the federal statute providing a limitation of liability for matters occurring in the open sea.” See 46 USC §§ 30501 et seq. & Rule F of the Supplemental Rules for Certain Admiralty & Maritime Claims of the Federal Rules of Civil Procedure.

These are complex matters and prompt attention to them is urged.

Domina Law Group pc llo consults with gulf coast lawyers on matters of concern to its clients in the gulf coast and on matters related to maritime issues. In the past, it has worked with Arnold & Itkin, LLP, Houston, Texas, and Sussman & Godfrey, LLP, Houston, Texas.

May, 2010

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: Class Action

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