Resources: News

online

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.

RELATED PRACTICE AREAS

Related Attorneys

DISCLAIMER
Thank you for your interest in contacting us by email.

Please do not submit any confidential information to Maslon via email on this website. By communicating with us we are not establishing an attorney-client relationship, and information you submit will not be protected by the attorney-client privilege and cannot be treated as confidential. A client relationship will not be formed until we have entered into a formal agreement. You should also be aware that we may currently represent parties whose interests may be adverse to yours, and we reserve the right to continue to represent them notwithstanding any communication we receive from you.

If you would like to discuss possible representation, please call one of our attorneys directly or use our general line (p 612.672.8200). We can then fully discuss our intake procedures and, if appropriate, introduce you to an attorney suited to assist with your matter. Alternatively, you may send us an email containing a general inquiry subject to these terms.

If you accept the terms of this notice and would like to send an email, click on the "Accept" button below. Otherwise, please click "Decline."