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Erica Holzer and David Herr Co-Author Article on Legislature's Repeal of Requiring Unpublished Opinion Copies for Minnesota Lawyer

June 17, 2020

Erica Holzer and David Herr, attorneys in Maslon's Litigation Group, have co-authored an article, titled "Clearing Up Confusion over Unpublished Opinion Copies," for Minnesota Lawyer. The article explores the Minnesota Legislature's recent repeal of the statutory requirement that counsel provide the court and opposing counsel with copies of unpublished Court of Appeals opinions in advance of relying on them, gives a history of the original statutory requirement, and aims to clear up any confusion this repeal may cause Minnesota lawyers in particular.

Erica represents clients in complex commercial disputes primarily in the areas of tort and product liability, consumer fraud, business torts, and breach of contract actions. Erica is also an experienced appellate attorney. She has authored, co-authored, and edited dozens of appellate briefs, and is frequently sought out to provide advice on appeals in the Eighth Circuit and the appellate courts of Minnesota. She has served as lead counsel, co-counsel, or consultant on dozens of appeals involving a broad range of legal issues in state and federal appellate courts across the country. She currently serves as secretary and treasurer of the MSBA’s Appellate Section and as a member of the Minnesota Supreme Court Advisory Committee on Rules of Civil Appellate Procedure.

David 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 past president of the American Academy of Appellate Lawyers, past president of the Academy of Court Appointed Masters, and regularly argues cases in the Minnesota appellate courts and the Eighth Circuit Court of Appeals. He annotates the Federal Judicial Center's Manual for Complex Litigation, published and distributed nationally by Thomson West.

Erica and David are co-authors of Volume 3 of Minnesota Practice: Appellate Rules Annotated (2020 edition).

To read the article, go to: Minnesota Lawyer – "Clearing Up Confusion Over Unpublished Opinion Copies" (subscription required).

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