Erica A. Holzer
Partner
Overview
Erica Holzer represents clients in complex commercial disputes primarily in the areas of tort and product liability, consumer fraud, business torts, and breach of contract actions. Erica's product liability defense work spans many industries, with particular experience in FDA-approved medical devices, representing a major medical device manufacturer in federal and state courts throughout the country. She has also developed specialized experience providing advice and compliance support to government contractors and companies on public law issues, particularly state and federal open records laws, including the Minnesota Government Data Practices Act and the federal Freedom of Information Act.
Erica is also an experienced appellate attorney. She has argued before the Eighth Circuit Court of Appeals and has authored, co-authored, and edited dozens of appellate briefs. She is frequently sought out to provide advice on appeals in the Eighth Circuit and the appellate courts of Minnesota. Erica is co-author of the leading treatise on Minnesota appellate law, and authors a chapter in the Eighth Circuit Appellate Practice Manual. She also serves as a member of the Supreme Court Advisory Committee on the Minnesota Rules of Civil Appellate Procedure, as vice chair of the Minnesota State Bar Association's Appellate Practice Section, and as a board member of the Minnesota Supreme Court Historical Society.
Maslon clients regularly comment that they view Erica not only as a sophisticated lawyer and trusted legal advisor, but also as a valuable business partner. Her strategic instincts and exceptional writing abilities have secured key wins for clients, both at the trial level and on appeal. Erica's successes as a litigator and appellate advocate have been recognized by the MSBA, which named her as Minnesota's "2018 Outstanding New Lawyer of the Year," and Minnesota Lawyer, which named her as one of Minnesota's "Up and Coming" Attorneys in 2018." Erica was recognized by Super Lawyers® as a "Rising Star" in 2019 and 2020, and was included on the list of "Best Lawyers: Ones to Watch" in 2021.
Erica is deeply committed to advancing equality and justice for marginalized and underrepresented communities, regularly devoting several hundred hours each year to pro bono work on behalf of the Innocence Project of Minnesota, individual pro bono clients, the ACLU of Minnesota, and the MSBA. As a result of her significant efforts, Erica was named by Minneapolis/St. Paul Business Journal as a 2020 "Business of Pride" Honoree, as well as a 2021 "Best LGBTQ+ Lawyer Under 40" by the National LGBT Bar Association.
Before joining Maslon, Erica served as a law clerk to the Honorable Matthew E. Johnson, then Chief Judge of the Minnesota Court of Appeals. She earned her law degree, summa cum laude, from William Mitchell College of Law, where she served as the Editor-in-Chief of the William Mitchell Law Review. During law school, she was the recipient of the Minnesota Lavender Bar Association's Student Leadership Award and the William Mitchell "Student Award of Merit" at commencement.
Experience
Commercial Litigation
- Represents a worldwide venue management company in contract disputes, litigation, audits, and investigations.
- Represents national furniture and home furnishings retailer in commercial agreements and disputes, real estate issues, insurance issues, and ADA compliance.
- Represented national dental practice management company in breach of contract and breach of fiduciary duty claims brought in multiple states.
- Served as liaison defense counsel for the leading corn seed developer in a Minnesota state court consolidated action involving over 65,000 individual U.S. corn growers and various entities that purchased, stored, transported, and exported corn grown in the U.S., along with a class of Minnesota corn growers alleging tort and consumer fraud claims.
- Represented national health insurance company as plaintiff in insurance fraud action, securing an early and favorable settlement.
- Represented a business owner and successfully won a motion to enforce a settlement agreement and an award of attorney fees.
- Represented mattress manufacturer and retailer in trademark infringement action.
Tort and Products Liability
- Represents leading medical device manufacturer in nationwide lawsuits and appeals involving both implanted and external medical devices in multiple state and federal courts across the country.
- Represents national manufacturer and refiner of raw material in consolidated action involving alleged contamination of storm water ponds. Successfully won motion to dismiss and defeated motion for reconsideration.
Appeals
- Wirtz v. Specialized Loan Servicing, LLC, No. 19-1084 (8th Cir. 2021). Served as appellate counsel in dispute involving Real Estate Settlement Procedures Act (RESPA) and the Minnesota Mortgage Originator and Servicer Licensing Act (MOSLA).
- Davis v. EagleBank et al., No. A20-0859 (Minn. Ct. App. 2020). Successfully obtained remand for appellant on procedural grounds.
- In re Xcel Energy's Petition for Approval of Electric Vehicle Pilot Programs and Residential EV Subscription Service Pilot Program, Nos. A19-1785, A20-0116 (Minn. Ct. App. Sept. 21, 2020). Served as appellate counsel for Edison Electric Institute as amicus curiae in consolidated certiorari appeals involving a challenge to Minnesota Public Utility Commission’s approval of electric vehicle pilot programs.
- In re B.H., No. A20-0127 (Minn. 2020). Served as appellate counsel for Standpoint, Minnesota Coalition Against Sexual Assault (MNCASA), and Battered Women’s Justice Project as amici curiae in appeal involving victim privacy.
- Cambria Company LLC v. M&M Creative Laminates Inc., No. A18-1978 (Minn. Ct. App. 2019). Served as appellate counsel in contract dispute involving the Minnesota Franchise Act.
- Frederick v. Wallerich, No. A15-2052 (Minn. 2018). Served as appellate counsel for Minnesota State Bar Association as amicus curiae in appeal involving statute of limitations for legal malpractice claims.
- UnitedHealth Group Incorporated v. Executive Risk Specialty Insurance Company, 870 F.3d 856 (8th Cir. 2017). Served as appellate counsel in insurance coverage dispute.
- Mogren v. Johnson, No. A15-1568 (Minn. Ct. App. 2016). Served as appellate counsel in contract dispute involving conversion and indemnification issues.
- In Re Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc., No. 16-30595 (5th Cir. 2016). Served as appellate counsel in petition for writ of mandamus, ultimately obtaining favorable settlement prior to ruling.
Data Practices
- Represents a worldwide venue management company regarding data practices issues.
- Represented a national professional sports league regarding data practices issues in connection with Super Bowl LII.
- Represented a state university regarding highly sensitive data practices issues.
Employment Litigation
- Represented financial services organization in unlawful termination actions, obtaining early and favorable settlements.
- Represented one of the world’s largest paint and coating corporations in unlawful termination actions, obtaining early and favorable settlements.
- Represented nationally renowned art museum in discrimination action, obtaining early and favorable settlement.
- Represented senior care company in discrimination action, obtaining early and favorable settlement.
Pro Bono
- Represented Terry Olson on behalf of the Innocence Project of Minnesota, successfully obtaining his release from prison.
- Represented Terry Olson in civil action seeking monetary damages for his wrongful incarceration, including an appeal to the Eighth Circuit Court of Appeals and a Petition to the United States Supreme Court. Noted as “Petitions We’re Watching” by SCOTUSblog.
- Represented the ACLU of Minnesota in its lawsuits and an appeal seeking public release of the squad and body-worn cameras in connection with the police killings of Jamar Clark and Philando Castile.
- Represented gay man from El Salvador seeking asylum in the United States on behalf of The Advocates for Human Rights.
Honors
Best LGBTQ+ Lawyer Under 40, National LGBT Bar Association, 2021
Business of Pride Honoree, Minneapolis/St. Paul Business Journal, 2020
Recognized on Minnesota Rising Stars list as part of the Super Lawyers® selection process, 2019-2020 (Minnesota Rising Stars is a designation given to only 2.5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)
Up & Coming Attorney, Minnesota Lawyer, 2018
2018 Outstanding New Lawyer of the Year, Minnesota State Bar Association New Lawyer's Section
Selected for inclusion in Best Lawyers: Ones to Watch, 2021 (These awards recognize attorneys, who are earlier in their careers, for outstanding professional excellence in private practice in the United States.)
North Star Lawyer, Minnesota State Bar Association, 2016-2020 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)