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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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Dave Domina Featured in Vice to Discuss Keystone XL Lawsuit

Dave Domina was featured yesterday in an article that appeared in Vice to discuss TransCanada, eminent domain, and the possible implications of a pipeline for Nebraska landowners.

TransCanada is seeking eminent domain proceedings against the Nebraska KXL holdouts and Domina Law Group has sued to stop them. This latest lawsuit could take an estimated two years to resolve, so in the meantime, Domina is seeking to put a hold on the easements.

One aspect of these easement agreements that isn't always talked about is what might happen in the event of a leak – and pipelines do leak. The agreements that TransCanada has already entered into with some Nebraska landowners are vague on the point of who bears financial responsibility for any potential leak cleanups, paving the way for inevitable disputes.

Domina told Vice, ""If it [Keystone XL] leaks for one hour, the cleanup expense is going to wipe out any average Nebraska family."

Proponents of the pipeline largely rely on arguments that the pipeline will benefit the economy with jobs and oil, but TransCanada is a Canadian company and its product will be sold internationally.

The Keystone XL pipeline would transport approximately 800,000 barrels of oil every day from Canada down to refineries in the U.S. gulf. Environmental reports warn that the crude oil could have negative implications for the environment in the event of a leak or rupture. Not only does the proposed pipeline through Nebraska cross the property of many farmers, ranchers, and other landowners, it crosses environmentally sensitive regions.

Read the complete article on Vice.

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