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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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At Domina Law Group we are fortunate to work on fascinating and compelling legal problems and lawsuits that change laws and affect our country – Media across the US and across the borders agree. Read stories and watch videos of our cases and with our lawyers.

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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.

Dave Domina Writes Feature Article for "The Nebraska Lawyer" Magazine

Attorney Dave Domina contributed the feature article in The Nebraska Lawyer's January/February 2015 issue. In it, he discussed eminent domain and for-profit energy companies.

"Nebraska's rich tradition of public power faces a new challenge. Privately owned, for profit, alternative energy generating systems and sources are becoming prominent across the state," opened Dave Domina in his feature article for The Nebraska Lawyer magazine. What is happening in Nebraska is not isolated, but rather part of a global debate on topics like greenhouse gas emissions and renewable energy.

Two major characteristics distinguish public power and these new private energy companies in Nebraska. The latter:

  1. Are taxpayers rather than political subdivisions
  2. Do not have the power of eminent domain unless legislature grants it to them

Domina argues that Nebraska must be proactive in its policy to mitigate the imminent clashes created by these differences. The article goes on to give examples from TransCanada's Keystone XL pipeline, discusses just compensation, and dissects the public purpose doctrine. To read the article in full, view "Eminent Domain & For-Profit Energy Companies: Avoiding Unrest with Landowners."

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