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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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Cheyenne River Sioux Drop Dakota Access Pipeline Appeal

Attorneys for the Cheyenne River Sioux submitted a motion voluntarily dismissing their appeal of a federal judge’s decision allowing final construction of the Dakota Access Pipeline to continue in the appeals court in late April. The motion was granted on Monday, May 15.

The appeal was filed back in March after United States District Judge James Boasberg refused to stop the construction of the controversial pipeline after hearing the Sioux tribes’ concerns over the risk that oil leaks could threaten their water supply and sacred lands.

They appealed Judge Boasberg’s decision to the United States Court of Appeals for the District of Columbia Circuit, but the court refused to stop oil from flowing through the pipeline with an emergency order. It is now filled with oil and prepared to commence commercial operations in the next two weeks. Because of this, the attorneys submitted their voluntary dismissal.

“This continues to highlight importance of Nebraska Public Services Commission process on the Keystone XL Pipeline in Nebraska,” said attorney Brian Jorde who is working with many of the landowners and farmers currently fighting back against the pipeline.

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