David Herr, partner in Maslon's Litigation Group, 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 president of the Academy of Court-Appointed Masters and past president of the American Academy of Appellate Lawyers. He regularly argues cases in the Minnesota appellate courts and the 8th Circuit Court of Appeals. David annotates the Federal Judicial Center's Manual for Complex Litigation, published and distributed nationally by Thomson West.
William Mitchell College of Law, St Paul, Minnesota,
1978, J.D. Honors: Cum Laude
Law Review:
Staff Member, William Mitchell Law Review, 1975 - 1976
Law Review:
Editor, William Mitchell Law Review, 1976 - 1977
University of Colorado, Boulder, Colorado,
1977, M.B.A.
University of Colorado, Boulder, Colorado,
1972, B.A.
David Herr - Law Firm Maslon Attorneys Minneapolis, MinnesotaExperience
Clifford L. Whitaker, et al. v. 3M Co., 764 N.W.2d 631 (Minn. Ct. App. 2009) [established standards for obtaining class certification (counsel for Minnesota Chamber of Commerce, amicus curiae)]
Lisa A. Broek v. Park Nicollet Health Services et al., No. C-9-02-1611 (Minn. Ct. App.) [obtained reinstatement of medical malpractice claim following dismissal on statute of limitations grounds]
Otter Tail Power Co. v. Surface Transportation Board, Nos. 06-1962 & 06-2412 (8th Cir., argued January 8, 2007) [appellate challenge to rate proceeding before Board]
OneBeacon Ins. Co. v. A.P.I., Inc., No. A06-1229 (Minn. Ct. App.) (briefing completed—awaiting argument) [appellate counsel to Respondent on appeal from $60 million insurance coverage judgment]
Commandeur LLC v. Howard Hartry, Inc., 724 N.W.2d 508 (Minn. 2006) [won reversal of dismissal of appeal for untimeliness due to court of appeals failure to recognize holiday]
Jaenty, Inc. v. Northern States Power Co., (Minn. 2006) [won affirmance of appellate court decision affirming dismissal of actions relating to gas explosion on statute-of-limitations grounds; argued on behalf of several separately represented respondents]
Antone v. Mirviss, 720 N.W.2d 331 (Minn. 2006) [appellate counsel for Minnesota Lawyers Mutual as amicus curiae in case involving novel interpretation of Minnesota’s statute of limitations for malpractice actions arising from drafting of antenuptial agreements]
State of Minnesota v. Philip Morris USA, Inc., 713 N.W.2d 350 (Minn. 2006) [appellate counsel on unsuccessful challenge that health impact fee of 75 cents did not violate 1998 settlement agreement between state and cigarette manufacturers and distributors]
MedCam, Inc. v. MCNC, 414 F.3d 972 (8th Cir. 2005) [court declined to reverse district court order compelling arbitration]
Afremov v. AGA, numerous reported and unreported decisions. [This shareholder dispute involved numerous appellate proceedings arising from a single trial court action, applications for extraordinary writs, discretionary appeals, interlocutory appeals as of right, and petitions for further review by the Minnesota Supreme Court of numerous Court of Appeals decisions. The Maslon appellate team prevailed in all of these except one ancillary award of sanctions that was reversed by the court of appeals after the case had settled on all merits issues.]
Triple Five of Minnesota, Inc. v. Simon, 404 F.3d 1088 (8th Cir. 2005) [won partial reversal in case involving complex claims of ownership and partnership rights in Minnesota’s Mall of America]
Roehrdanz v. Brill, 682 N.W.2d 626 (Minn. 2004) [obtained reversal of court of appeals decision on proper method of service of notice of removal]
Schumacher v. Tyson Fresh Meats, Inc., (8th Cir. 2004) [obtained affirmance of class certification in expedited appeal under Fed. R. Civ. P. 23(f)]
Tuttle v. Lorrilard Tobacco Co., 344 F.3d 753 (8th Cir. 2005) [affirming dismissal of variety of tort claims]
In re Breast Implant Ins. Coverage Litig., 652 N.W.2d 46 (Minn. Ct. App. 2002), affirmed in part, 667 N.W. 2d 405 (Minn. 2003) [insurance coverage litigation and appeals involving over 100 parties]
Barbara Grutter v. Lee Bollinger, et al., and Jennifer Gratz and Patrick Hamacher v. Lee Bollinger, et al., 188 F.3d 394 (6th Cir. 1999), aff'd, 123 S.Ct. 2411 (2003), intervention appeal, 288 F.3d 732 (6th Cir. 2002), rev'd, 123 S.Ct. 617 (2003) [two companion civil rights class actions]
Todd v. Ortho Biotech, Inc., 138 F.3d 733 (8th Cir. 1998), cert. granted, vacated and remanded, 525 U.S. 802 (1999) [won reversal of $780,000 sexual harassment award on basis that trial court applied erroneous standard for finding liability under state and federal law]
Minnesota Min. & Mfg. Co. v. Nishika, Ltd., 565 N.W.2d 16 (Minn. 1997) [on certified questions from Texas Supreme Court relating to multi-million dollar UCC dispute]
In re Minnesota Asbestos Litigation, 552 N.W.2d 242 (Minn. 1996), rev'g 540 N.W.2d 896 (Minn. App. 1995) [obtained reversal of case involving unconstitutional exercise of jurisdiction over Australian corporation; David Herr served as national coordinating counsel for client]
Independent School Dist. No. 622 v. Keene Corp., 511 N.W.2d 728 (Minn. 1994) [obtained reversal of multi-million dollar punitive damage award, including fraud claim]
La Societe Générale Immobiliére v. Minneapolis Community Development Agency, 44 F.3d 629 (8th Cir. 1994), rev'g, 827 F. Supp. 1431 (D. Minn. 1993) [Special Appellate Counsel for Appellant; obtained reversal of multi-million dollar judgment]
Seagate Technology, Inc. v. International Business Machines Corp., 962 F.2d 12 (8th Cir. 1992) [represented individual appellant and obtained vacation of preliminary injunction in complex trade secrets case; leading case on "inevitable disclosure doctrine"]
Minnesota Mining & Mfg. Co. v. Travelers Ins. Cos., 457 N.W.2d 175 (Minn. 1990) [counsel for plaintiff Tonka Corp. on question certified from federal court. Case established standards for issuance of coverage for environmental claims]
Uselman v. Uselman, 464 N.W.2d 130 (Minn. 1990) [counsel for appellant in leading case establishing standards for Rule 11 sanctions in Minnesota. Won reversal of $180,000 sanction judgment; heard on accelerated review]
