MINNEAPOLIS, MN—Maslon LLP regretfully announces the passing of its longtime partner David F. Herr, one of the most highly regarded appellate lawyers and complex case litigators in Minnesota, on Dec. 22, 2021. He was 71.
Herr had been diagnosed with amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease.
Herr had a profound impact on the state’s law, its lawyers, and his colleagues at Maslon. In his 43 years of practice, he authored more than 15 of the most important treatises on Minnesota and federal law, mentored hundreds of lawyers, and helped draft and amend the rules that guide and govern Minnesota lawyers and judges in every facet of civil practice through his decades of work as a Reporter for multiple Minnesota Supreme Court advisory committees.
In his four decades of dedicated practice at Maslon, Herr served on the firm’s Governance Committee for six years and as its general counsel for over 25 years.
A native of St. Paul, Herr graduated in 1978 from William Mitchell College of Law. He so impressed one judge in Hennepin County as a student attorney that the judge called a firm Herr had applied to and said simply, “Hire David Herr.” Three years later, Herr moved to Maslon and spent the remainder of his career there, regularly arguing cases in the Minnesota appellate courts and the Eighth Circuit Court of Appeals. As a highly respected, experienced litigator, he was frequently sought out to provide practical and sophisticated advice on how to resolve difficult, multiparty disputes in trial courts and arbitral forums as well as in the appellate courts. Herr often invited young attorneys to collaborate on articles, books, and court cases, and he held a number of critical leadership roles to advance the legal profession, serving as president of the American Academy of Appellate Lawyers and president of the Academy of Court Appointed Masters, among others.
Herr literally “wrote the book” on many aspects of state and federal appellate law and complex litigation: He authored several editions of the Annotated Manual for Complex Litigation Fourth and the Multidistrict Litigation Manual: Practice before the Judicial Panel on Multidistrict Litigation, both published by Thomson West; co-authored the Appellate Rules Annotated, Minnesota Practice Series, the leading treatise on Minnesota appellate law and practice; co-authored the Minnesota Appellate Procedure Summary Guide and the Minnesota Evidence Rules Summary Guide for Minnesota CLE; was the original 1994 author and editor and subsequently continued to edit several editions of the Eighth Circuit Appellate Practice Manual for Minnesota CLE; and co-authored the Summary of Eighth Circuit Appellate Procedure for Minnesota CLE.
MINNETONKA, MN—Cousineau, Van Bergen, McNee & Malone, P.A. announces that