Eric C. Tostrud 2018-05-01T20:44:20+00:00

Eric C. Tostrud
Of Counsel

612-339-6900
ectostrud@locklaw.com

Practices:

Health Care Law
ERISA Practice and Procedure

Education:

William Mitchell College of Law, 1990, summa cum laude

Bar Admissions:

1990, Minnesota
2006, Wisconsin
2013, Iowa

Court Admissions:

U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. District Court for the District of Minnesota
U.S. District Court for the District of Nebraska
U.S. District Court for the District of North Dakota
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals for Veterans Claims
Iowa Supreme Court
Minnesota Supreme Court
Wisconsin Supreme Court

Overview

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)
  • October 17, 2017: Speaker, Federal-Court Practice and FBA Membership, Federal Bar Association Student Chapter, University of Minnesota Law School, Minneapolis, Minnesota.
  • September 22, 2017: Moderator, “Judge Devitt and Professionalism in Judicial Administration,” Mitchell Hamline School of Law, St. Paul, Minnesota.
  • October 5, 2016: Speaker, Federal-Court Practice and FBA Membership, Federal Bar Association Student Chapter, University of Minnesota, Minneapolis, Minnesota.
  • November 5, 2015: Speaker, “Grable & Sons Metal Products v. Darue Engineering and Manufacturing After Ten Years: Will Grable Become a Misunderstood Teenager?” Federal Bar Association Student Chapter, University of Minnesota Law School, Minneapolis, Minnesota.
  • September 18, 2015: Speaker, “Ethics and Electronic Discovery: The Good, The Bad, and The Ugly,” William Mitchell College of Law, St. Paul, Minnesota.
  • June 13, 2014: Speaker, “The Physician and Attorney Relationship in a Fraud Audit: Working Through Related Ethical Issues” American Bar Association Health Law Section’s Physicians Issues Legal Conference, Houston, Texas.
  • April 8, 2014: Speaker, “Judicial Restraint is Not Judicial Abdication: A Response to ‘Terms of Engagement’ Authored by Clark M. Neily III,” Federalist Society Student Chapter, University of Minnesota Law School, Minneapolis, Minnesota.
  • October 31, 2013: Speaker, “Article III Judges Behaving Badly: Do Impeachment and Misdeeds Inform our Understanding of Separation of Powers?” Federal Bar Association, Minneapolis, Minnesota.
  • April 11, 2013: Speaker, “Healthcare Litigation and Malpractice Cases regarding Credentialing,” Minnesota Association of Medical Staff Services Annual Conference, Prior Lake, Minnesota.
  • June 28, 2012: Speaker, “Anna Nicole Smith Returns to the Supreme Court: Stern v. Marshall and Article I Jurisdiction,” Federal Practice Seminar, Federal Bar Association, Minneapolis, Minnesota.
  • September 18, 2009: Speaker, “Providing Compliance Advice to Members,” Fall CLE Conference, American Society of Medical Association Counsel, Minneapolis, Minnesota.
  • June 6, 2007: Speaker, “Recent Developments in Federal Civil Procedure: How Not to Play by the Rules,” Federal Practice Seminar, Federal Bar Association, Minnesota Chapter, Minneapolis, Minnesota.
  • September 28, 2006: Speaker, “What, Me Worry? – ERISA Welfare Plan Litigation, Fundamentals of Employee Benefits Practice,” Minnesota CLE, Minneapolis, Minnesota.
  • April 30, 2003: Speaker, “Pleading Your Case in Federal Court,” Federal Practice Committee Course for New Practitioners, Federal Practice Seminar, Minneapolis, Minnesota.
  • April 12, 2000: Speaker, “A Plaintiff Attorney’s and Defense Attorney’s Perspectives on Eighth Circuit ERISA 502(a)(1)(B) Benefit Litigation,” ERISA Litigation Institute, Minnesota Institute for Legal Education, Minneapolis, Minnesota.
  • October 14, 1999: Speaker, “Doppelgänger: The (Evil?) Twin Doctrines of Preemption,” Welfare Plan Institute, Minnesota Institute for Legal Education, Minneapolis, Minnesota.
  • October 14, 1999: Speaker, “Standard of Review in Welfare Benefit Cases,” Welfare Plan Institute, Minnesota Institute for Legal Education, Minneapolis, Minnesota.
  • February 25, 1999: Speaker, “Standard of Review in Employee Welfare Benefit Plan Litigation: Is It Arbitrary and Capricious?” ERISA Litigation Institute, Minnesota Institute for Legal Education, Minneapolis, Minnesota.
  • June 9, 1993: Speaker, “Preventative Measures in Employee Terminations,” The Corporate Practice Institute, Minnesota Institute for Legal Education, Bloomington, Minnesota.
  • Commentary on Recent U.S. Supreme Court Decision, Minnesota Lawyer, (March 26, 2001).
  • Federal Bar Association
  • Iowa Bar Association
  • Minnesota State Bar Association
  • Wisconsin State Bar Association

Congratulations to LGN’s Eric C. Tostrud, who was nominated Monday for an opening on the U.S. District Court for the District of Minnesota

We are especially proud of Eric because of his long association with our firm. Eric joined LGN as a law [...]