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David Herr Interviewed by Texas Lawyer in Article about Fifth Circuit Court of Appeals Opinion

September 10, 2009

David Herr, a member of Maslon's Litigation and Appellate Law Teams, was quoted in an August 31, 2009, article in Texas Lawyer about an important Fifth Circuit Court of Appeals ruling. In In re Ford Motor Co. and Bridgestone/Firestone North American Tire, the Fifth Circuit ruled that United States district court judges do not need to abide by federal Multidistrict Litigation (MDL) court orders in some circumstances.

The opinion cites to the Multidistrict Litigation Manual, which Herr wrote. Herr says the court reached the correct result. "To me, the court clearly accepts my view that there isn't a bright-line rule that they [U.S. district courts] just can't touch" MDL court rulings, Herr says. The Fifth Circuit rejects "the idea that once it's decided, it's sacrosanct." Herr also annotates the Federal Judicial Center's Manual for Complex Litigation, which the Fifth Circuit also cited in support of its decision.

To view the entire article, see U.S. District Judges Need Not Always Abide By MDL Court Orders.


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