MN 612-339-6900DC 202-544-9840
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David W. Asp

Partner

Overview

Mr. Asp practices primarily in the areas of commercial, health care, and employment litigation. He has particular experience with claims under the Employee Retirement Income Security Act, as well as health care compliance and health care fraud defense matters.

Mr. Asp is a cum laude graduate of the University of Minnesota Law School where he served as Note and Comment Editor of the Minnesota Journal of Global Trade, and is an honors graduate from Augsburg College. Before joining the firm, Mr. Asp was a Presidential Management Fellow at the U.S. Department of State where he worked as part of an office tasked with negotiating information-sharing agreements with foreign governments.

Representative Cases

  • Beck et al. v. Integra, No. 12-cv-01759 (D. Colo. 2015) – won summary judgment on negligent misrepresentation claims against employer.
  • Illinois Farmers v. Mobile Diagnostic Imaging, Inc. et al., No. 13-CV-02820 (D. Minn. 2014) — won complete dismissal of 14-count complaint alleging RICO, anti-kickback, and fraud violations.
  • State Farm v. Mobile Diagnostic Imaging, Inc. et al., No. 12-CV-1056 (D. Minn. 2014) — secured full summary judgment in favor of client on question of whether corporate practice of medicine doctrine applies to diagnostic-imaging centers.
  • Niska v. Clayton, No. A13-0622 (Minn. Ct. App. 2014) – defended constitutionality of state statute prohibiting false claims of party support.
  • Sampson v. Integra Telecom Holding, Inc., et al., Case No. 10-4227 (10th Cir. 2012) — defended summary judgment dismissing plaintiff's claims of racial harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964.
  • To v. U.S. Bancorp, 651 F.3d 888 (8th Cir. 2011) — obtained summary judgment dismissing plaintiff's claims under the Family and Medical Leave Act, 29 U.S.C. 2601 et seq., and the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. 4301 et seq.
  • Agri-Cover, Inc. v. Christensen Mfg. Corp. (D. Minn. 2011) — achieved transfer of venue for New Jersey corporation from the District of Minnesota to the District of New Jersey in trademark lawsuit.
  • Gadsen v. Kiffmeyer, Case No. 3-0320-21609-CV (Minn. Office of Admin. Hearings 2010) — represented former Minnesota Secretary of State in campaign practices complaint at office of Administrative Hearings.
  • Weiler v. Ritchie, 788 NW 2d 879 (Minn. 2010) — represented candidate for Minnesota Secretary of State as intervenor before Minnesota Supreme Court.
  • Atrix Int'l., Inc. v. Hartford Life Group Ins. Co., Civil No. 06-4140, 2008 WL 151614 (D. Minn. 2008) — obtaining summary judgment dismissing state common-law claim for negligent misrepresentation, ERISA claim for benefits, and third-party cross claims for contribution and indemnification.

Civic Involvement

  • Community Action Partnership of Suburban Hennepin County — Board of Directors
  • Volunteer Lawyers Network, Minnesota Advocates for Human Rights, TwinWest Chamber of Commerce
  • University of Minnesota Humphrey Policy Fellows Program (2011-2012).

Professional Recognition

  • Named Rising Star (General Litigation/Employment Law) for 2014 by Super Lawyers®, a Thomson Reuters business.

Education

  • University of Minnesota Law School, 2004, cum laude

Bar Admissions

  • 2005, Minnesota

Court Admissions

  • U.S. District Court, District of Minnesota
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court Appeals, Seventh Circuit