Todd D. Erb

Todd D. Erb

Partner
terb@lrrc.com vCard
602.262.5726 office
602.734.3933 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

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, copyright infringement, construction defects, and premises liability. He also has experience representing claim administrators in ERISA litigation and retailers in product liability disputes. In addition to defending lawsuits, his experience includes providing coverage opinions to various types of insurers, enforcing subrogation rights, and representing obligors in structured settlement transfers.

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: 

  • Judgment in favor of AD&D insurer in ERISA benefits dispute, see Bilyeu v. Morgan Stanley Long-Term Disability Plan, CV-08-02071-PHX-SRB, 2015 WL 4134447, at *13 (D. Ariz. June 2, 2015), aff’d by Bilyeu v. Morgan Stanley Long Term Disability Plan, 16-15254, 2017 WL 3980534, at *1 (9th Cir. Sept. 11, 2017);
  • Obtained dismissal of various intentional tort claims made by patient against health service provider, see Vice v. Grifols Inc., CV-13-02590-PHX-GMS, 2014 WL 9858715, at *1 (D. Ariz. Aug. 5, 2014);
  • Summary judgment in favor of life insurer on breach of contract, bad faith, and punitive damages claims, see Downs v. River City Group, LLC, 3:11-CV-00885-LRH, 2013 WL 4506141 (D. Nev. Aug. 22, 2013);
  • Prevailed on motion to dismiss for lack of personal jurisdiction, see Agahi v. Khorrami, CV-15-01640-PHX-JJT, 2016 WL 492630, at *1 (D. Ariz. Feb. 9, 2016);
  • Prevailed on motion to compel arbitration of counterclaims asserted against insurer in interpleader action, see Knights of Columbus v. Virginia Trust, 2:12-CV-688 JCM VCF, 2013 WL 1182203 (D. Nev. Mar. 21, 2013);
  • Summary judgment on indemnity claim against insurance agent;
  • Summary judgment in favor of a commercial landlord in a lease dispute with guarantor;
  • Obtained favorable settlement for public entity in construction defect lawsuit against design professional and construction manager at risk.

Published Decisions: 

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

Related News

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", 2015 and 2016
  • 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 Nevada
U.S. District Court for the District of Arizona

Clerkships

Arizona Court of Appeals