David Herr Quoted in Minnesota Lawyer Article on Outsourcing of Judicial Functions
September 21, 2010
David Herr, a member of Maslon's Litigation and Appellate Law Teams, was quoted in a September 6, 2010, article in Minnesota Lawyer about the use of special magistrates in Minnesota. The article reports that Rule 114 of the Minnesota General Rules of Practices establishes alternative dispute resolution(ADR) procedures. Under the provision, attorneys for parties can agree to select a referee (or special magistrate) to conduct a private trial. A district court judge supervises the proceedings and the decision is appealable directly to the court of appeals.
"As an appellate lawyer, I think [consensual special magistrates] are a grand thing," says David. "We've used them on a few complex commercial disputes and it worked very well. It used to be that the one of the advantages of ADR is that there is no appeal, but that's only nice if you win, but not if you lose. The finality in arbitration can turn in to an injustice in arbitration and that's the main advantage with this."
David further explains, "[I]f you take a six-month personal injury trial out of a Ramsey County courthouse and send it into this process it involves one afternoon instead of a half a year. . . . You don't want to see it in every case, or have it be routine, but when it's helpful it can be extremely advantageous."
David is a highly regarded appellate lawyer and complex case litigator. He is frequently sought out to provide practical and sophisticated advice on how to resolve difficult, multi-party disputes in trial courts and arbitral forums, as well as in the appellate courts. David is past President (2006-2007) of the American Academy of Appellate Lawyers, Past President (2007-2008) of the Academy of Court Appointed Masters and regularly argues cases in the Minnesota appellate courts and the Eighth Circuit Court of Appeals. He annotates the Federal Judicial Center's Manual for Complex Litigation, published and distributed nationally by Thomson West. David has also served for many years as Reporter for the Minnesota Supreme Court, Advisory Committees on Rules of Civil Procedure, General Rules of Practice, and Appellate Procedure.