Malin International Ship Repair & Drydock, Inc. v. Veolia Es Special Services, Inc.

E. GRADY JOLLY, Circuit Judge,

specially concurring:

I concur, but only for the following reason: the defendant did not preserve its objection to the denial of its rightful claim under the pretrial order to have all damages, including attorney’s fees, tried in the liability phase of the action under the standards and rules applicable to that proceeding.