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David Herr Quoted in U.S. Supreme Court Decision

January 26, 2015

David Herr, attorney and head of Maslon's appellate practice, had his treatise on Multidistrict Litigation quoted with approval by the United States Supreme Court in a decision handed down on January 21, 2015. The decision came in multidistrict litigation involving setting the LIBOR rate index, an important index used to gauge interest rates.

In the decision, the Court ruled on an important issue relating to when a court decision can be appealed when numerous cases have been transferred to a single court for coordinated pretrial proceedings. Speaking to a unanimous Court, Justice Ruth Bader Ginsburg adopted a rule stated in David's treatise which the Court quoted in the opinion and described as a "sensible solution" to an issue that had generated inconsistent results.

To read the full decision, go to: U.S. Supreme Court, Gelboim v. Bank of America Corp.

David Herr 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 nationally recognized for his appellate work and his role in annotating the Federal Judicial Center's Manual for Complex Litigation, 4th for Thomson West.


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