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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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Pipeline Decision On Hold Until NE Landowners' Defense of Constitution Lawsuit Decided

Today, the U.S. Department of State announced that it will delay action on TransCanada's border crossing permit in order to allow more time to hear the views of eight federal agencies on TransCanada's proposed Keystone XL Pipeline.

The State Department recognized the need for more time, citing the uncertainty created by ongoing litigation in Nebraska over the constitutionality of the pipeline. The outcome of this lawsuit could affect the route of the pipeline through Nebraska, which currently still crosses the Ogallala aquifer.

Ultimately, the President must decide where, when, and if TransCanada can operate its pipeline across Nebraska.

Federal agencies will also be using this additional time to review more than two-and-a-half million public comments submitted during a public comment period that ended last month.

Attorney Dave Domina commented that he is "not surprised" by this delay, stating that "The President has insisted that he have all the facts about the pipeline and the route before making his Executive Decision."

"My landowner clients are standing up for the Nebraska Constitution in the face of an attempt by big oil and politicians to run over it," continued Domina. "They are grateful that the President respects their position."

​Read the official Department of State news release here.

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