Todd Erb is a partner in the firm’s Litigation Practice Group. He is licensed in Arizona and Nevada and litigates extensively in both states.

Todd assists clients in a broad range of commercial and tort litigation matters, with specific proficiency in real estate, contracts, insurance coverage, professional liability, trademark, copyright, premises liability, product liability, and other business disputes.

He has resolved numerous cases with over a million dollars at issue and obtained complete or partial summary judgment for clients on many occasions. He has also successfully arbitrated several commercial and tort matters and tried a copyright infringement case in federal court that resulted in a unanimous jury verdict in favor of his client. In addition to litigation work, his experience includes drafting coverage opinions for various types of insurers and representing obligors in structured settlement transfers.

Personal Approach

An efficient and pragmatic litigator, Todd is a problem solver who thrives in challenging situations. He is a strong communicator who attempts to build relationships with his clients and learn the nature of their businesses to provide the best possible strategic advice during litigation.

More About Todd D. Erb

Education

  • J.D., cum laude, Arizona State University - Sandra Day O'Connor College of Law, Order of the Barristers, 2008
  • B.A., magna cum laude, Brigham Young University, 2005

Bar Admissions

  • Nevada, 2011
  • Arizona, 2009

Court Admissions

  • Arizona Supreme Court
  • Nevada Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of Nevada

Community

  • Arizona Association of Defense Counsel, Board Member
  • Defense Research Institute (Professional Liability and LHD&E sections)
  • Maricopa County Bar Association

Representative Matters

Todd’s recent successful representations include: 

  • Obtained summary judgment in favor of life insurer on claim asserting repudiation of insurance contract due to lapse of policy. Frink v. River Source Life Ins. Co., CV-20-01327-PHX-DLR, 2022 WL 1188087, at *1 (D. Ariz. Apr. 21, 2022)
  • Successfully upheld on appeal judgment that was entered in favor of law firm on multiple tort claims asserted by non-client. Camboni v. Brnovich, et al., 1 CA-CV 18-0621, 2020 WL 1158656 (Ariz. App. Mar. 10, 2020)
  • Defeated motion to dismiss third-party complaint for indemnification and other tort claims arising from trademark infringement dispute. Customer Satisfaction Index, LLC v. Genesys Telecommunications Labs., Inc., 17-CV-12554, 2019 WL 698126 (E.D. Mich. Feb. 20, 2019)
  • Obtained summary judgment in favor of life insurer on breach of contract, bad faith, and punitive damages claims and upholding statutory rescission of insurance policy. Tenzer on behalf of A.T. v. Moore, 218CV00446JADNJK, 2019 WL 6013135, at *1 (D. Nev. Sept. 13, 2019), aff'd sub nom. Tenzer on behalf of A.T. v. Minnesota Life Ins. Co., 826 Fed. Appx. 654 (9th Cir. 2020)
  • Successfully upheld on appeal judgment in favor of disability insurer in ERISA benefits dispute. Bilyeu v. Morgan Stanley Long Term Disability Plan, 711 Fed. Appx. 380 (9th Cir. 2017)
  • Obtained dismissal of various intentional tort claims made by patient against health service provider. Vice v. Grifols Inc., CV-13-02590-PHX-GMS, 2014 WL 9858715, at *1 (D. Ariz. Aug. 5, 2014)
  • Obtained dismissal of lawsuit alleging various tort claims due to lack of personal jurisdiction. Agahi v. Khorrami, CV-15-01640-PHX-JJT, 2016 WL 492630 (D. Ariz. Feb. 9, 2016)
  • Obtained summary judgment in favor of life insurer on breach of contract, bad faith, and punitive damages claims. Downs v. River City Group, LLC, 3:11-CV-00885-LRH, 2013 WL 4506141 (D. Nev. Aug. 22, 2013)
  • Prevailed on motion to compel arbitration of counterclaims asserted against insurer in interpleader action. Knights of Columbus v. Virginia Trust, 2:12-CV-688 JCM VCF, 2013 WL 1182203 (D. Nev. Mar. 21, 2013)
  • Obtained summary judgement in favor of auction company on tort and bailment claims.
  • Defeated motion for summary judgment brought against D&O insurer by CGL insurer asserting waiver of right to allocation in insurance coverage/contribution dispute
  • National counsel for Fortune 10 retailer in products liability lawsuits involving listeria outbreak

Published Decisions: 

  • Depositors Ins. Co. v. Ubrina, 411 F. Supp. 3d 454 (D. Ariz. 2019)
  • Downs v. River City Group, LLC, 288 F.R.D. 507 (D. Nev. 2013)

Honors & Recognitions

  • The Best Lawyers in America, Commercial Litigation, 2022-2023
  • Southwest Super Lawyers, "Rising Star," Insurance Coverage, 2015-2020
  • Arizona Foundation for Legal Services and Education, Top 50 Pro Bono Lawyer in Arizona, 2014

Clerkships

  • Arizona Court of Appeals, 2008-2009

Publications

  • Misrepresentation in the Life, Health, and Disability Insurance Application Process, 3rd ed., Nevada Chapter
    American Bar Association, 2022
  • Take a Methodical Approach: Resolving Ethical Dilemmas When a Lawyer Is Sued by a Non-Client
    Author, DRI, 4/2017
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