Eric J. Magnuson

612.349.8548

Partner

EMagnuson@RobinsKaplan.com
612.349.8548

Chair, Appellate Practice
Pronouns: he/his

EMagnuson@RobinsKaplan.com
612.349.8548

Minneapolis

Experience

Eric served as Chief Justice of the Minnesota Supreme Court from 2008-2010. Both before and after his service on the court, his practice has focused almost exclusively on appeals in state and federal courts. Over 40 years, he has handled hundreds of appeals involving a wide range of issues including the constitutionality of the public school finance system, employment law, trust and probate matters, trade secrets, business contracts, corporate fraud, insurance law, and professional liability. Eric speaks regularly on appellate topics, as well as matters of public interest. He has served as an associate professor of law at William Mitchell College of Law and the University of St. Thomas School of Law, and taught at the Humphrey School of Public Affairs.

Recent Presentations:

Independent Research by Judges: Emerging Ethical Issues
The Ethics of Judicial use of the Internet: 10 Real-Life Case Studies
What’s New in the Appellate Courts
Writing in the Digital Age
The World of Appellate Practice and Strategy
Independent Research by Judges: Emerging Ethical Issues
Technology and the Courts
What I Learned About Being a Lawyer While I Was a Judge
The Ethics of Judicial Use of Internet Resources
Minnesota Administrative Law & Practice, 2015 Minnesota CLE – Slides, Outline ("Writ of Certiorari Appeals")
Appellate Drafting – How to Write a More Helpful Submission to the Court
How to Appeal to the Minnesota Court of Appeals
Electronic Briefs: Brief-Writing for Judges Who Read on Screens
Eighth Circuit Appellate Technology
Minnesota Governmental Relations Council -- Slides, Outline ("2014 Election Law Update: Court Decisions Impacting Elections")
2014 MN CLE Employment Institute -- Slides, Outline ("Distinctions with a Difference: Federal vs. State Appeals")
Ethical Issues on Appeal in a Technological World
Presentation to the University of North Dakota Law School
Appellate Advocacy in the Digital Age

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Minnesota Monthly Top Lawyers in Minnesota 2023

Rated by Super Lawyers Top 100, Minnesota

Named to "Power 30: Best Business Litigators in Minnesota" by Minnesota Lawyer (2023)
Named to "Top Lawyers List," Minnesota Monthly (2023)
Named a “Star Individual” in Litigation: Appellate – Minnesota, Chambers USA (2020-2023)
Named to Law360's Appellate Editorial Advisory Board (2021-2022)
Named a “Minnesota ICON,” Finance & Commerce and Minnesota Lawyer (2019)
Named “Attorney of the Year,” Minnesota Lawyer (2000 and 2017)
Named “Appellate Attorney of the Year in Minnesota” by Global Law Experts (2015)
Named a “Top 10 Minnesota Super Lawyer” (2015-2016, 2018-2020, 2023) and “Top 100 Minnesota Super Lawyer” (2014-2021) by Super Lawyers. Named a “Super Lawyer” by Super Lawyers (2003-2007, 2013-2022)
Named “Top 10 Minnesota Lawyers,” Minnesota Law & Politics (2007, 2019)
Named “Top 25 Appellate Lawyers,” Minnesota Law & Politics (2005)
Recipient, Minnesota State Bar Association Civil Litigation Section Advocate Award for significant contributions to improving civil justice (2015)
Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2014-2018)
Fellow and Past President, American Academy of Appellate Lawyers (1998-Present)
Fellow, Litigation Counsel of America (2013-Present)
Named a “Litigation Star”, Legal Media Group Benchmark Litigation Survey: Appellate (2013)
Named "Band 1" in Commercial Litigation – Minnesota, Chambers USA (2012-2013, 2015-2019)
Listed in The Best Lawyers in America Appellate Practice (2007-2024 editions), Commercial Litigation (2006-2008, 2012-2024 editions), and Bet-the-Company Litigation (2016-2024 editions)
Listed in "Lawyers of the Year," The Best Lawyers in America (2024)
Awarded “Spurgeon Award,” Northern Star Council (2011)
Awarded “21st Century Award,” Campaign for Legal Aide (2010)
Awarded “Distinguished Alumnus Award” by William Mitchell College of Law (2000)

Special Master, Karsjens v. State, U.S. District Court, District of Minnesota (2015-2018)
Task Force on Minnesota Sex Offender Program, Chair (2013-2014)

Bar Admissions

Minnesota
New York
Wisconsin
U.S. District Court, District of Colorado
U.S. District Court, District of Minnesota
U.S. District Court, District of North Dakota
U.S. District Court, Eastern District of Arkansas
U.S. District Court, Western District of Arkansas
U.S. District Court, Western District of Wisconsin
U.S. Court of Federal Claims
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals Federal Circuit
U.S. Supreme Court

Education

William Mitchell College of Law, J.D., cum laude (1976)
University of Minnesota, B.A. (1972)

Professional Associations

American Bar Association, EJM Member
American Academy of Appellate Lawyers, Fellow and Past President
8th Circuit Bar Association, Founding President
ABA Council of Appellate Lawyers, Board Member (2014-2018)
American Bar Association, Member; Past Co-Chair, Appellate Practice Committee, Section of Litigation; Past Chair, Appellate Advocacy Committee, Tort Trial and Insurance Practice Section
Coalition for Impartial Justice, Board Member
Federal Circuit Bar Association
Hispanic National Bar Association
Minnesota CLE, Board Member (2013-2019)
Minnesota Commission on Judicial Selection, Chair (2003-2008)
Minnesota State Bar Association, Member; Court Rules and Judicial Administration Committee; Past Chair, Court of Appeals Task Force
Minnesota Defense Lawyers Association, Past President

The Art of the Answer: How to Effectively Respond to Questions at Oral Argument
Minnesota CLE 2023 Appellate Practice Institute, Minneapolis, Minnesota (February 24, 2023)
Statutory Construction and Interpretation
Law School for Legislators (January 27, 2023)
Speaker Series #6
FICO Legal Department Presentation (August 25, 2022)
Honoring David Herr: A Retrospective on His Career and Lasting Legacy
Appellate CLE, Minnesota CLE (April 13, 2022)
Permanent Changes in Legal Practice and Education in the Aftermath of COVID-19
Moderator, Eighth Circuit Judicial Conference, Colorado Springs, Colorado (October 29, 2021)
re: Skeen/Page Amendment
Twin Cities Diversity in Practice, Webinar (September 29, 2021)
Modern Leadership and Advocacy
Legal Leadership Network Certified Leader in Practice program (July 28, 2021)
Appellate Advocacy in the Digital Age
Robins Kaplan LLP, Webinar (May 25, 2021)
Understanding the Workings of the Minnesota Appellate Court System
Robins Kaplan LLP, Webinar (May 11, 2021)
Understanding the Workings of the Minnesota Appellate Court System
Minnesota Trial Lawyers Association (MTLA), Webinar (April 27, 2021)
8th Circuit Appellate Practice Webcast Series: Oral Argument
Minnesota CLE (October 28, 2020)
Voting for judges: Why it’s important and why some think the way we do it should change
Interviewed by R. Sarigianopoulos, KARE 11 (October 26, 2020)
What Judges Want
Robins Kaplan LLP (August 7, 2020)
The Network Podcast - Participant
Legal Leadership Network (LLN) (June 4, 2020)
Well & Good Speaking Series Brief Writing - “Appellate Advocacy in the Digital Age”
Robins Kaplan LLP (May 22, 2020)
Mastering the Basics of Third-Party Litigation Funding
Presentation at Minn CLE (January 28, 2020)
Robins Trial Advocacy Seminar (Appeals) - Collaboration and Thinking Beyond the Result
Presentation at Robins Kaplan LLP (October 14, 2019)
Kaestner’s Impact on Trust Taxation Laws: No Taxation without ‘Minimum Connection
Presentation at private seminar for 100 trust company clients and referral sources (September 27, 2019)
Redistricting in Minnesota
Presentation to Minnesota County Attorneys Association (September 6, 2019)
Judicial Decision Making Contemporaneous Research: Ethics or Access?
ABA Convention, San Francisco, California (August 10, 2019)
Winning Prevailing Party Attorney Fees in Fee-Shifting Cases
NAFLA Webinar (March 28, 2019)
The Lure of the Internet: The Ethics of Judicial Use of the Internet
Hennepin County Bench Meeting, Minneapolis, Minnesota (August 7, 2018)
Judicial Education: "Siri, how heavy is a 9-MM pistol?": Emerging Ethical Issues in Independent Judicial Research,"
Minnesota Court of Appeals Bench Meeting, St. Paul, Minnesota (July 31, 2018)
Oral Argument Strategies, Rules, and Common Mistakes
Minnesota Attorney General’s Office, St. Paul, Minnesota (May 31, 2018)
“Siri, how heavy is a 9-MM pistol?”: Emerging Ethical Issues in Independent Judicial Research
American Bar Association, National Judicial Institute & Conclave, Chicago, Illinois (April 19, 2018)
Appellate Advocacy
Mitchell Hamline Law School of Law, St. Paul, Minnesota (April 9, 2018)
Oral Argument War Stories and Tips for Success
Minnesota CLE 2018 Appellate Practice Institute, Minneapolis, Minnesota (March 16, 2018)
Winning Moves to Make Tips for Managing Difficult People and Situations
Minnesota CLE, Minneapolis, Minnesota (February 27, 2018)
The Lure of the Internet The Ethics of Judicial Use of the Internet
First Judicial District, Chaska, Minnesota (February 9, 2018)
What I Learned About Being a Lawyer While I Was a Judge
South Dakota Defense Lawyers Association, Sioux Falls, South Dakota (November 9, 2017)
Judicial Use of the Internet
Hispanic National Bar Association, Kansas City, Missouri (September 7, 2017)
Understanding Minnesota Appellate Practice and Procedure Series
Minnesota CLE, Webinar (August 4, 2017)
Oil States Energy Services LLC v Greenes Energy Group
Minnesota CLE, Webinar (July 18, 2017)
Unpublished Opinions: Understanding Minnesota Appellate Practice and Procedure Series
Minnesota CLE, Minneapolis, Minnesota (April 14, 2017)
Certified Questions, Discretionary Review, and Partial Judgments: Appellate Review While Your Case Is Still in the Trial Court
Minnesota CLE, Minneapolis, Minnesota (March 24, 2017)
Appellate Counsel at Trial
Minnesota CLE, Minneapolis, Minnesota (March 24, 2017)
Appeals in Complex Commercial Cases
DRI Appellate Practice Digest, Minneapolis, Minnesota (March 9, 2017)
Family Law Series: ADR – Appellate Practice – Family Law Appellate Mediation Program
Webinar, Minnesota CLE (November 18, 2016)
Pixels to Punctuation: Writing in a Digital Age
American Judges Education Institute, Philadelphia, Pennsylvania (November 11, 2016)
Whats New with Appellate Court Rules
Webinar, Minnesota CLE (September 26, 2016)
New Law Series United States Supreme Court Update
Webinar, Minnesota CLE (September 9, 2016)
New Law Series Minnesota Supreme Court Update
Webinar, Minnesota CLE (September 9, 2016)
The Ethics of Judicial Use of the Internet: 10 Real-Life Case Studies
Minnesota CLE Strategic Solutions for Solo & Small Firms, St. Paul, Minnesota (August 9, 2016)
The World of Appellate Practice and Strategy
National Organization of Life & Health Insurance Guaranty Associations, Washington, DC (July 21, 2016)
The Complete Lawyer Series Appellate Practice
Webinar, Minnesota CLE (July 8, 2016)
What I Learned About Being a Trial Lawyer from Being an Appellate Judge
Minnesota Association for Justice, Minneapolis, Minnesota (May 23, 2016)
State v. Lindquist: The Past, Present, & Future of Minnesota’s Good Faith Exception
Minnesota State Bar Association, Minneapolis, Minnesota (March 23, 2016)
Don't Print! Legal Writing & Reading in the Digital Age
Hispanic National Bar Association, Las Vegas, Nevada (March 17, 2016)
What I Learned About Being a Lawyer While I Was a Judge
Minnesota Association for Justice, MAJ Offices, Minnesota (March 3, 2016)
Appellate Case Preparation Start to Finish
National Business Institute, Minneapolis, Minnesota (March 1, 2016)
Evidence on Appeal: Presenting Evidence Issues and Dealing with Them on Appeal
Minnesota CLE, Minneapolis, Minnesota (February 29, 2016)
Legal Implications of the Lindquist Decision
Minnesota State Bar Association, Minneapolis, Minnesota (February 4, 2016)
Perspectives on Judicial Branch
Minnesota State Bar Association, Minneapolis, Minnesota (December 11, 2015)
The Ethics of Judicial Use of Internet Resources
The Eighth Circuit Bar Association, St. Paul, Minnesota (November 18, 2015)
Tech Talk: Appeals of Today and Tomorrow
Appellate Judges Education Institute (AJEI), Washington D.C. (November 12, 2015)
What I Learned About Being a Lawyer While I Was a Judge
Pepperdine University School of Law, Malibu, California (November 11, 2015)
Handling Appeals (And Building an Appellate Practice in the Process)
Minnesota CLE, Minneapolis, Minnesota (October 16, 2015)
Independent Research by Judges: Emerging Ethical Issues
ABA Judicial Division and National Judicial College, Chicago, Illinois (October 14, 2015)
Cyber Wars Strategies and Developments in the Discovery of Social Media Content
Panelist, Robins Kaplan LLP Trial Advocacy Seminar, Minneapolis, Minnesota (October 6, 2015)
Shaping Minnesota’s Appellate Judiciary – Speaking on Judicial Selection
Minnesota State Bar Association, Appellate Section, St. Paul, Minnesota (September 29, 2015)
Writ of Certiorari "The Process and Procedure of Appealing an Administrative Decision to the Court of Appeals"
Minnesota CLE, Minneapolis, Minnesota (September 10, 2015)
The “President’s Manual”
Minnesota Defense Lawyers Association, Duluth, Minnesota (August 13, 2015)
What I Learned About Being a Lawyer While I Was a Judge
Minnesota CLE, Duluth, Minnesota (August 2, 2015)
Do You Do the Voodoo That We Do?
Webinar, Minnesota CLE, Minneapolis, Minnesota (June 12, 2015)
What I Learned About Being a Lawyer While I Was a Judge
First District Bar Association, Lakeville, Minnesota (May 12, 2015)
Do You Do the Voodoo That We Do?
American Academy of Appellate Lawyers, Santa Fe, New Mexico (April 17, 2015)
9th Annual Appellate Practice Institute
Minnesota CLE, Minneapolis, Minnesota (March 13, 2015)
Confidentiality of Court Files
Law School for Legislators, William Mitchell College of Law and Minnesota Association for Justice (January 23, 2015)
Confidentiality of Court Files
Family Law Series, Minnesota CLE, Minneapolis, MN (November 11, 2014)
Appellate Practice Appellate Ethics for Lawyers and Judges
Minnesota CLE, Minneapolis, Minnesota (October 20, 2014)
Campaign Finance
OLLI Course, Impact of Roberts Court, Arden Hills, Minnesota (October 16, 2014)
New Appellate Rules and Electronic Briefs Seminar
Minnesota CLE, Minneapolis, Minnesota (September 3, 2014)
How to Appeal to the Minnesota Court of Appeals
Minnesota CLE, Minneapolis, Minnesota (September 3, 2014)
Ethical Issues on Appeal
Thomson Reuters, Podcast (August 20, 2014)
Religion and Government
Minnesota CLE, Minneapolis, Minnesota (August 19, 2014)
Appellate Practice: Electronic Briefs – Brief-Writing for When Judges Will Be Reading the Brief on a Computer Screen
Minnesota CLE, Minneapolis, Minnesota (August 19, 2014)
A Closer Look at the New Appellate Rules: E-Filing, Pilot Projects and Other Changes;
Minnesota CLE, Minneapolis, Minnesota (August 19, 2014)
How Technology has Affected Appellate Practice
Eighth Circuit, Omaha Nebraska (August 7, 2014)
Ethics and Professionalism; a View from the Bench
Defense Research Institute, Chicago Illinois (July 17, 2014)
Preparing the Record for Appeal
Minnesota CLE, St. Paul, Minnesota (June 2, 2014)
40th Annual Probate and Trust Law Section Conference: The Life and Death of an Estates and Trusts Dispute
Minnesota CLE, St. Paul, Minnesota (June 2, 2014)
Why Federal Appeals are not the Same as State Court Appeals and Vice-Versa: A Guide for Employment Lawyers
Minnesota CLE, St. Paul, Minnesota (May 19, 2014)
Post-Trial Motions: Advanced Techniques
Strafford, Webinar (May 5, 2014)
The Court of the Future: Use of Court Technology in the Next Generation
American Bar Association, Grand Forks, Minneapolis, Minnesota (April 17, 2014)
What I Learned About Being a Lawyer While I Was a Judge
University of North Dakota Law School, Grand Forks, North Dakota (April 15, 2014)
Appellate Practice: Appeals from the Inside Out
Minnesota CLE, Minneapolis, Minnesota (April 11, 2014)
Why the Country Needs a Fully-Funded Justice System
Legal Aid, St. Cloud, Minnesota (March 28, 2014)
Oral Argument: Don’t Pull Defeat from the Jaws of Victory
Minnesota CLE and MSBA Appellate Practice Section, Minneapolis, Minnesota (March 14, 2014)
Proposed Impartial Justice Act
Minnesota Police and Peace Officers Association, Two Harbors, Minnesota (March 1, 2014)
Perspectives on the History of the Minnesota Supreme Court
Minnesota Supreme Court Historical Society and University of St. Thomas School of Law, Minneapolis, Minnesota (February 25, 2014)
Strategic Decision Making in Appellate Practice
University of Minnesota Law School, Minneapolis, Minnesota (February 24, 2014)
E-Filing in the Appellate Court
Minnesota CLE, Webcast (February 14, 2014)
Litigating the Constitutional Case
Minnesota CLE, Minneapolis, Minnesota (January 28, 2014)
Appellate Practice: Intellectual Property
Understanding Minnesota Appellate Practice and Procedure Series, Minnesota CLE, Minneapolis, Minnesota (December 13, 2013)
Recovering Attorneys Fees and Costs
Rossdale CLE (November 7, 2013)
Why We Need the Impartial Justice Act and Judicial Perspective
Duluth Fair Courts Forum (October 24, 2013)
Rochester Fair Courts Forum (October 24, 2013)
American Constitution Society Event
University of Minnesota Law School, Minneapolis, Minnesota (September 25, 2013)
Technology Ethics and Appeals
MDLA Trial Techniques Seminar (August 5, 2013)
Future Technology and Appeals
ABA 2013 Annual Meeting (August 4, 2013)
Technology and Ethics
NCACC 40th Annual Meeting (August 3, 2013)
Motion Practice Demonstration
HCBA Motion Practice Demonstration (July 1, 2013)
Sex Offender Task Force
Minnesota County Attorneys Association Webinar, Brown Bag CLE Series (June 1, 2013)
Appellate Briefing and Argument
State Public Defenders Program (June 1, 2013)
Effectively Recovering Attorneys Fees Costs
Rossdale CLE (May 1, 2013)
The Legislative Redistricting Case the Insiders Views
MSBA Appellate Practice Section (April 1, 2013)
Selection and Appointment of Appellate Judges in Minnesota
Minnesota CLE Webcast (April 1, 2013)
Update on Minnesotas Sex Offender Civil Commitment Task Force
Olmsted County Law Library (Rochester) (March 1, 2013)
Ethics and Appellate Practice The New Record on Appeal
Minnesota CLE, 7th Annual Appellate Practice Institute (March 1, 2013)
Business Appeals in the Minnesota Supreme Court
Minnesota CLE Webcast (February 1, 2013)
Litigating Attorneys Fee Claims
Minnesota CLE, The 2013 Civil Litigator’s Annual Short Course (January 2, 2013)
Sex Offender Management Civil Commitment
William Mitchell College of Law – Law School for Legislators (LS4l) (January 1, 2013)
Appeals in Administrative Law Cases They May Sound Boring But Theyre Not
Minnesota CLE Webcast (December 1, 2012)
How to Appeal to the Minnesota Court of Appeals
Minnesota CLE (November 1, 2012)
Politicization of the Judiciary Discussion
University of Minnesota, Law School Chapter of American Constitution Society (October 1, 2012)
Employment Appeals What Makes Them Different
Minnesota CLE Webcast (October 1, 2012)
What I Learned About Being a Lawyer While I Was a Judge
Litigation Practices a Developments in the Law, St. Thomas University (June 1, 2012)
Potholes in the Road to a Successful Appeal Common Issues to Recognize and Avoid
Minnesota CLE Webcast (June 1, 2012)
Preparing for Appeal in the Trial Court And Appeal Basics
Minnesota CLE Webcast (2) (April 1, 2012)
Panel Discussion: Resolution of Disputed Elections
University of Minnesota, Humphrey School of Law Bipartisan Policy Center Event (April 1, 2012)
Recognizing America’s Judiciary: A Dialogue with Chief Justices on Key Issues for Leaders of Business and the Community
Directors Roundtable Institute Program (March 1, 2012)
Health Care and the High Court, Moot Court Arguments: Department of Health and Human Services v. State of Florida
MSBA Health Law Section (March 1, 2012)
Basic Appellate Practice for Family Law Attorneys
33rd Annual Family Law Institute (March 1, 2012)
Fundamentals of Post-Trial Motions and Preparation for Appeal in State and Federal Court
HCBA Debtor/Creditor Remedies Section (February 1, 2012)
Appeals in Trust and Probate Cases
Minnesota CLE Webcast (February 1, 2012)
Law and Public Policy
The Humphrey Institute of Public Affairs, Instructor (January 1, 2012)
Appeals in Employment Law Cases
Minnesota CLE Webcast (October 1, 2011)
A Panel Discussion on Appeals to 8th Circuit
8th Circuit Appellate Practice Program (October 1, 2011)
What I Learned About Being a Lawyer From Being a Judge
36th Annual MDLA Trial Techniques Seminar (August 1, 2011)
Advocacy on Appeal
Minnesota CLE Webcast (August 1, 2011)
Technology in Appellate Practice
Minnesota CLE Webcast (June 1, 2011)
An Appeal for Technology: Electronic Files, Technology and Trends in the Court
Brief-Lynx, Inc., Chicago (June 1, 2011)
What I Learned About Being a Lawyer From Being a Judge
HCBA – New Lawyers "Nuts and Bolts" (February 1, 2011)
Probate and Trust Appeals
Minnesota CLE Webcast (February 1, 2011)
A Unique Approach to Learning about Effective Motion
Practice HCBA Watch and Learn (February 1, 2011)
Technology Lawyers Should Be Using Today
Legal Tech (January 1, 2011)
Issues Relating to Appeals
HCBA Panel Discussion (January 1, 2011)
Appellate Counsel in Litigation
Minnesota Claims Managers Luncheon (January 1, 2011)
An Appeal for Technology: Electronic Files, Technology and Trends in the Court
Brief-Lynx, Inc., Denver (January 1, 2011)
Judges, Money and Politics: The State of Judicial Elections in Minnesota
Humphrey Institute Forum (November 1, 2010)
Data Practices Act
MnCCOGI, Minneapolis Public Library (November 1, 2010)
The Art and Science of Appellate Excellence – A Primer for All Litigators
Minnesota CLE (October 1, 2010)
Appellate Law and Practice
William Mitchell College of Law, Instructor (January 1, 2008)
Appellate Advocacy
University of St. Thomas College of Law, Instructor (January 1, 2003)