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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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Norfolk Daily News: Legal action considered against Corps

By LINDA WUEBBEN
Monday, June 06, 2011

NIOBRARA — The talk here still centers on flood water but like moving water, the focus has shifted.

A Saturday afternoon meeting facilitated by the Domina Law Group of Omaha gave Niobrara area residents an idea what could happen should they take legal action against the U.S. Army Corps of Engineers.

“There may be tools available to an organized group to take action against the Corps,” said David Domina of the Domina Law Group. “But first you need to realize the U.S. Army of Corps of Engineers is no different than the U.S. government and it’s hard to sue the government.”

The situation of the Niobrara flood victims is a little different than normal cases, Domina said. If they can prove they are being affected by the pooling of the water that comes from the east rather than being affected by the normal flow of the river and its current, it will be a definite advantage. Domina said he believes pooling water versus passing water is the situation in Niobrara. The area is also unusual because the residents’ land is between two dams, which makes it different than flooding situations like those down river from Gavins Point Dam. | Full Story legal news article trial lawyer attorney lawsuit litigation justice

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