News & Events

Maslon Attorney David Herr Quoted in Minnesota Lawyer on New Rule Proposed by the Supreme Court's Advisory Committee

As reporter for the Supreme Court's Advisory Committee on the Rules of Civil Procedure, Maslon Attorney David Herr offered commentary to Minnesota Lawyer on a newly proposed rule 68 intended to make the rule easier for lawyers and litigants to navigate. The article, written by Barbara Jones, is titled "Proposed change aims to clarify rule," and appeared in the October 29, 2007 issue.

Rule 68 governs offers of judgment or settlement and kicks in when a party offers to pay a judgement and the offeree declines it.  If the final award is less than the offer, the offeree must pay the offerer's cost and disbursements.  "It's a rule that's been a problem for a long time," Herr told Minnesota Lawyer. The proposed new rule will be the subject of a December 19, 2007, Supreme Court hearing at the Minnesota Judicial Center.