Eric C. Tostrud
Partner

Experience

Eric Tostrud focuses his practice in the areas of Health Care Law and ERISA Practice and Procedure. He provides the firm's clients with expert representation in health care and regulatory litigation matters, including compliance, Medicare fraud and abuse and false claims matters. Mr. Tostrud has represented physicians in a variety of administrative and litigation matters, including hospital privileging and contracting disputes, and disputes with third-party payers. He has particular expertise in Medicare regulation of anesthesiology services and reimbursement.

Mr.Tostrud is a 1990 summa cum laude graduate of the William Mitchell College of Law and clerked for the Honorable Edward J. Devitt, U.S. District Court, District of Minnesota and for the Honorable George E. MacKinnon, U.S. Court of Appeals for the District of Columbia Circuit.

Representative Cases

Parniani v. Cardinal Health, Inc., et al., 305 Fed. Appx. 301 (CA8 2008).
Dorholt v. Hartford Life and Accident Ins. Co., 244 Fed. Appx. (CA8 2007).
Mommaerts v. Hartford Life and Accident Ins. Co., 472 F.3d 967 (CA7 2007).
Sloan v. Hartford Life and Accident Ins. Co., 433 F. Supp.2d 1037 (D.N.D. 2006), aff’d, 475 F.3d 999 (CA8 2007).
Abdel v. U.S. Bancorp, 457 F.3d 877 (CA8 2006)
In re Henricksen, 185 Fed. Appx. 561 (CA8 2006).
King v. Hartford Life and Accident Ins. Co., 414 F.3d 994 (CA8 2005) (En Banc).
Javinsky v. Hartford Life Ins. Co., No. 09-888 ADM/AJB, 2010 WL 889961 (D. Minn. March 8, 2010).
UnitedHealth Group Inc. v. Hiscox Dedicated Corp. Member Ltd., No. 09-CV-0210 PJS/SRN, 2010 WL 550991 (D. Minn. Feb. 9, 2010).
Huyser Irrevocable Trust v. UBS Fin. Serv., et al., No. EQUCVO91711 (Marion County, Iowa).
Vollenweider-Leos v. Hartford Life and Accident Ins. Co., No. 07-CV-119-LRR, 2010 WL 457743 (N.D. Iowa Oct. 6, 2009).
Dearborn v. Hartford Life and Accident Ins. Co., No. 08-CV-34-LRR, 2009 WL 2342884 (N.D. Iowa July 29, 2009).
Winter v. Hartford Life and Accident Ins. Co., No. 06-C-253, 2009 WL 224681 (E.D. Wis. Jan. 30, 2009).
Berkshire Life Ins. Co. of Am. v. Lisa M. Perez, et al., No. C5-06-003103 (Anoka County, Minn.)
Atrix Int’l, Inc. v. Hartford Life Group Ins. Co., No. 06-4140 ADM/JSM, 2008 WL 151614 (D. Minn. Jan. 15, 2008).
Progressive N. Ins. Co. v. Alivio Chiropractic, et al., No. 05-951 JNE/RLE, 2007 WL 2122684 (D. Minn. July 20, 2007).
Goracke v. CNA Group Life Assurance Co., No. 06-540 ADM/JJG, 2007 WL 495008 (D. Minn. Feb. 13, 2007).
Meylor v Hartford Life Group Ins. Co., 444 F. Supp.2d 963 (N.D. Iowa July 31, 2006).
Spicer v. Hartford Life and Accident Ins. Co., No. 05-194 JNE/SRN, 2006 WL 549382 (D. Minn. March 6, 2006).

Presentations

ASMAC Annual Meeting — "Providing Compliance Advice to Members" (2009)
Adjunct Professor, William Mitchell College of Law, Federal Jurisdiction (2000, 2001, 2004, 2007, 2009), Bar Examination Review Course (2000-2001 Academic Year), Civil Procedure (2006, 2007, 2008), and Legal Research and Writing (1993-94).
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)

Publications

"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).
"Preventive Measures in Employee Terminations" (with Linda L. Holstein), Corporate Practice Institute (MILE, June 1993).

Professional Associations

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