Todd D. Erb

Todd D. Erb

Partner
terb@lrrc.com vCard
602.262.5726 AZ
602.734.3933 fax AZ
201 East Washington Street
Suite 1200
Phoenix, AZ 85004
One East Liberty Street
Suite 300
Reno, NV 89501-2128
3993 Howard Hughes Parkway
Suite 600
Las Vegas, NV 89169

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 litigation matters, with specific expertise in insurance coverage, professional liability, trademark and copyright litigation, premises 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 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 in order to provide the best possible strategic advice during litigation.

Memberships & Affiliations

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

Representative Matters

Todd’s recent successful representations include: 

  • 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. Am. 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 (D. Nev. Sept. 13, 2019);

  • 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;

Published Decisions: 

  • Downs v. River City Group, LLC, 288 F.R.D. 507 (D. Nev. 2013)

Related News

04/23/2018
Lewis Roca Rothgerber Christie Attorneys Recognized as 2018 Southwest Super Lawyers® and Southwest Rising Stars®
Lewis Roca Rothgerber Christie announced 25 attorneys have been recognized as 2018 Southwest Super Lawyers® and 13 attorneys have been named as 2018 Southwest Rising Stars®.
12/01/2016
Unanimous federal jury finds that Jersey Boys musical infringes unpublished book
After nearly nine years of legal wrangling and a four-week trial a decision has been made.
01/05/2016
Equity partners, elections to partnership announced
Gordon, Patton named equity partners; Enriquez, Erb, Light elected to partnership

Publications

  • Author, "Take a Methodical Approach: Resolving Ethical Dilemmas When a Lawyer Is Sued by a Non-Client," DRI, April 2017
  • Co-Author, "Nevada Chapter, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey," (2nd ed.), ABA Publishing, 2015
  • Co-Author, "Rescission: Common Procedural Pitfalls," Life, Health & Disability News, August 2013
  • Co-Author, "Common and Evolving Attacks on Policy Rescission," DRI Defense Practice Seminar Course Materials, April 2013
  • Co-Author, "Remand Chapter," DRI Removal Deskbook - Getting Your Case To Federal Court, 2011
  • Author, "A Case for Strengthening School District Jurisdiction to Punish Off-Campus Incidents of Cyber-Bullying," 40 Ariz. St. L.J. 257, 2008

Distinctions

  • Southwest Super Lawyers - "Rising Star" - Insurance Coverage, 2015-2020
  • Arizona Foundation for Legal Services and Education - Top 50 Pro Bono Attorney in Arizona, 2014

Other Info

Education

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

Bar Admissions

Arizona, 2009
Nevada, 2011

Court Admissions

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

Clerkships

Arizona Court of Appeals