NEWS
David Herr Interviewed by Texas Lawyer in Article about Fifth Circuit Court of Appeals Opinion
September 10, 2009
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.