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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 Presents Closing Argument at ABOTA Trial Demonstration

The American Board of Trial Advocates, an organization whose members are among the nation’s most experienced trial lawyers, occasionally provides Bar Association member insight and continuing legal education through its “Masters in Trial” program. ABOTA, dedicated to protection and preservation of the 7th Amendment’s right to trial by jury in civil cases, presented its Masters program August 26. David Domina, a diplomat in ABOTA, provided the closing argument for the event.

The ABOTA conference, which Domina spoke, featured presentations by lawyers from Nebraska, Iowa, New York, and Minnesota. Hon. William J. Reilly, Chief Judge of the United States Court of Appeals for the Eighth Circuit, acted as the presiding jurist. Hon. John M. Gerard, of the Nebraska Supreme Court, and President Obama’s nominee for the U.S. District Court in Nebraska, presided at a mid-day ethics panel presentation, a key feature of the event.

Before 166 registrants, lawyers argued a personal injury case with complicated, balanced, and conflicting facts. In a shortened deliberation, jurors chose the side of the case that Domina argued.

“ABOTA membership is a worthy aspiration of every lawyer interested in trial practice,” Domina said. “The organization’s membership, focus, and its Foundation’s educational activities designed to inform young people of the importance of trial by jury are stalwart efforts necessary to fill the perpetual need for education about the importance of a jury to a civilized society.”

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