Eric C. Tostrud 2017-12-13T14:05:49+00:00

Eric C. Tostrud
Of Counsel



Health Care Law
ERISA Practice and Procedure


William Mitchell College of Law, 1990, summa cum laude

Bar Admissions:

1990, Minnesota
2010, Wisconsin
2013, Iowa

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. District Court, District of North Dakota
U.S. District Court, District of Nebraska
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Seventh Circuit


Eric Tostrud is Of Counsel with the firm. He currently serves on the full-time faculty at Mitchell Hamline School of Law as Distinguished Practitioner in Residence. As a partner (from 1998 to 2014) and associate (from 1992 to 1997) with the firm, Mr. Tostrud maintained a complex commercial litigation practice, with emphasis in the areas of complex insurance coverage, health care law and litigation, and ERISA practice and procedure. Mr. Tostrud’s practice was concentrated almost exclusively in the federal courts, especially the federal courts in Minnesota and throughout the upper Midwest. He has litigated hundreds of cases to a successful conclusion, including many cases briefed and argued before the United States Circuit Courts of Appeals. He has handled large, complex insurance coverage cases brought as class actions and cases in which the amount in controversy exceeds $100 million. He also has been called on to serve as a mediator, particularly in the area of ERISA benefits litigation.

Mr. Tostrud’s teaching has been an integral part of his work as a lawyer and closely tracks the nature of his practice. He has taught many law-school courses both as an adjunct professor and in his current role in subject areas directly related to his practice. These courses have included Federal Jurisdiction at both the University of Minnesota Law School and Mitchell Hamline, Federal Civil Procedure, Advanced Federal Civil Procedure, and Electronic Discovery.

  • Blue v. Hartford Life and Accident Ins. Co., 698 F.3d 587 (7th Cir. 2012)
  • Hara v. USAA Casualty Ins. Co., 66 F.3d 1081 (8th Cir. 2012)
  • Matschiner v. Hartford Life and Accident Ins. Co., 622 F.3d 885 (8th Cir. 2010)
  • King v. Hartford Life and Accident Ins. Co., 414 F.3d 994 (8th Cir. 2005) (En Banc)
  • UnitedHealth Group Inc. v. Hiscox Dedicated Corp. Member Ltd., No. 09-CV-0210 PJS/SRN, 2010 WL 550991 (D. Minn. Feb. 9, 2010)
  • Abdel v. U.S. Bancorp, 457 F.3d 877 (8th Cir. 2006)
  • Progressive N. Ins. Co. v. Alivio Chiropractic, et al., No. 05-951 JNE/RLE, 2007 WL 2122684 (D. Minn. July 20, 2007)
  • ASMAC Annual Meeting — “Providing Compliance Advice to Members” (2009)
  • Speaker, ERISA Litigation Seminar sponsored by the Minnesota Institute for Legal Education — “Benefits Due Litigation” (2000)
  • Speaker, Welfare Plans Conference sponsored by the Minnesota Institute for Legal Education — “Standard of Review in Welfare Benefits Cases” and “ERISA Preemption” (1999)
  • “Recent Developments in Federal Civil Procedure: How Not to Play by the Rules” (with Mark Girouard), Federal Practice Seminar (MN FBA, June 2007).
  • “What, Me Worry?   ERISA Welfare Plan Litigation” (with William D. Hittler), Fundamentals of Employee Benefits Practice (MN CLE, September 2006).
  • “A Defense Perspective on Recent Cases Against ERISA Fiduciaries” (with Matthew B. Newman and Gregory J. Myers), ERISA Litigation Institute (MILE, April 2000).
  • “Doppelganger: The (Evil?) Twin Doctrines of Preemption” (with Martin A. Carlson), Welfare Plans Institute (MILE, October 1999).
  • “Standard of Review in Employee Welfare Benefit Plan Litigation: Is It Arbitrary and Capricious?” (with Martin A. Carlson), ERISA Litigation Institute (MILE, February 1999).
  • Minnesota State Bar Association, Member
  • Wisconsin State Bar Association, Member
  • Federal Bar Association, Member
  • American Bar Association, Member
  • American Society of Medical Association Counsel, Member
  • Defense Research Institute, Member