Zelle LLP

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500 Washington Avenue South
Suite 4000
Minneapolis, MN 55415, United States
Contact: Dan Gruber
Phone: 612-339-2020
Fax: 612-336-9100
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Real Estate
  • Securities Law
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Massachusetts
  • Minnesota
  • New York
  • Pennsylvania
  • Texas
Other Countries
  • United Kingdom
Number of Attorneys
50-100 Attorneys

SINKING CITIES: Not Just at Sea Level Anymore

When the Mexica people founded the city of Tenochtitlan in the fourteenth century, they built it on an island in the center of an inland lake in the fertile Valley of Mexico. Over seven centuries, the population of the city –…more

Global Warming, Groundwater, Mexico, Rising Sea Levels

See all updates »

San Antonio Hail Suit Standing Orders: Here We Go Again!

Standing orders are orders that apply in every case relating to a particular subject matter. They commence as soon as suit is filed, even though neither party requests entry of an order. While predominantly found in divorce…more

Insurance Industry, Property Damage, Property Insurance, Standing

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Dispute Resolution Alternatives in Latin America

The Cornell University Law School Legal Information Institute defines “Alternative Dispute Resolution” (ADR) as “any method of resolving disputes other than by litigation”. Arbitration and mediation are the two main forms of…more

Arbitration, Dispute Resolution, Latin America, Mediation

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Who’s Protected Where? State and Local Laws Expand Protections Against Discrimination

Prohibitions against discrimination in employment based on race, national origin, religion, sex, age, and disability are generally familiar to business owners, HR professionals, and in-house counsel. Because these protections…more

Age Discrimination, Domestic Violence, Employment Discrimination, Marital Status, Medical Marijuana

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The Uncertainty of Remand in Texas

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant to…more

Diversity Jurisdiction, Frivolous Lawsuits, Improper Joinder, Pleading Standards, Property Damage

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Will Insurers Respond To The Texas Floods?

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused…more

Business Interruption, Flood Insurance, Flooding, Policy Exclusions, Property Damage

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Discovery Rule is Better Accrual Standard for Antitrust Claims

The Clayton Act creates a federal civil cause of action for anti-competitive business practices. The act as originally passed in 1914, however, did not include a statute of limitations. Thus, for approximately 40 years, courts…more

Anti-Competitive, Antitrust Litigation, Claims Limitations Period, Discovery Rule, Forum Shopping

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Hacktastrophe: How cyber-attacks on critical U.S. infrastructure could lead to catastrophic property loss

Although cyber-attacks have traditionally implicated more liability-leaning coverages, several attacks in recent years should give property insurers cause for concern going into the future. Hackers have proven they can seize…more

Cyber Attacks, Hackers, Infrastructure, Popular, Property Damage

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Google, NASA, Planes and a Stronger Legal Team

As Eastern Air Lines Flight 401 approached Miami International Airport on Dec. 29, 1972, its pilots extended the landing gear. Two green lights lit up in the cockpit, indicating the left and right landing gear had extended. A…more

Airlines, Airplane Accidents, Aviation Industry, Google, NASA

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Clearing up the Smoke: Insurance and Marijuana

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the…more

Controlled Substances Act, Decriminalization of Marijuana, Insurance Industry, Marijuana, Marijuana Related Businesses

See all updates »

The Deepwater Horizon Catastrophe – 7 Years After

I recently worked with a client on a presentation concerning the Deepwater Horizon disaster – an epic tragedy in 2010 that claimed the lives of 11 men, injured 17 others and poured 4.9 million barrels of oil into the Gulf of…more

BP, Deepwater Horizon, Gulf Oil Spill, Oil & Gas, Oil Spills

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The Latest on Late Notice in Texas Property Insurance

Texas hail season is in full swing and the courts are giving insureds (and their prospective attorneys) a lot to think about when it comes to turning in those claims. The eagerly awaited decision by the Fifth Circuit in Hamilton…more

Deductibles, Insurance Litigation, Notice Requirements, Policy Exclusions, Property Insurance

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Why Growth In Nanotechnology Matters To Insurers

Nanotechnology, an all-encompassing term for nanoscale science, engineering and technology, is the understanding and control of matter at dimensions of roughly 1 to 100 nanometers. One nanometer is one-billionth of 1 meter. The…more

DOL, Hazardous Substances, Insurance Industry, Nanotechnology, OSHA

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Hacktastrophe: How cyber-attacks on critical U.S. infrastructure could lead to catastrophic property loss

Although cyber-attacks have traditionally implicated more liability-leaning coverages, several attacks in recent years should give property insurers cause for concern going into the future. Hackers have proven they can seize…more

Cyber Attacks, Hackers, Infrastructure, Popular, Property Damage

See all updates »

Insureds Cannot Shift Burden To Identify Claimed Damage

The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to…more

Breach of Contract, Burden-Shifting, First-Party Coverage, Hurricane Season, Insurance Claims

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Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies. The…more

Business Interruption, Catastrophic Events, China, Commercial Insurance Policies, Exports

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Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch…more

Assignments, Breach of Contract, Disaster Preparedness, Filing Requirements, Hurricane Season

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Insurance Takeaways From Texas’ New Hailstorm Bill

On Feb. 1, 2017, the Texas Department of Insurance published the results of its presentation to the Texas Legislature titled: “Interim Charges: The Cost of Weather-Related Property Claims and Related Litigation.” Notably, the…more

Insurance Industry, Insurance Litigation, Natural Disasters, Penalties, Property Damage

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Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies. The…more

Business Interruption, Catastrophic Events, China, Commercial Insurance Policies, Exports

See all updates »

Product Contamination: Strong Underwriting is Key

In 2011, the Food Safety Modernization Act, regarded by many as a major reform of the food safety provisions of the Federal Food, Drug and Cosmetic Act, significantly expanded the powers of the U.S. Food and Drug Administration,…more

FDA, Food Contamination, Food Manufacturers, Food Safety, FSMA

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Thunder and Lightning: Very, Very Frightening

The title for greatest reaper of catastrophe losses in the United States does not go to the hurricane, blizzard or ice storm but to the much more common thunderstorm. Thunderstorms don’t get cute names from The Weather Channel…more

Geomagnetic Storms, Natural Disasters, Property Damage, Severe Weather

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What Constitutes ‘Physical Loss’ for Property Insurance?

In determining whether a property insurance policy responds to a loss, the fundamental, threshold question to be answered is whether or not the policyholder sustained “physical loss or damage” to insured property. In the absence…more

FDA, Loss Coverage, Policy Exclusions, Property Damage, Property Insurance

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First Quarter Numbers for Property Insurers Look Bleak, But is it Too Early to Call it a Trend?

The insurance industry has been able, in the past few years, to avoid a string of major catastrophes like those in the early 2000’s. One might think that property insurers have gotten off easy. Appearances can be deceiving,…more

Insurance Industry, Natural Disasters, Property Damage, Property Insurance, Severe Weather

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A Reprieve from the Deluge of Hail Litigation in Texas

In recent years, the number of Texas lawsuits arising from hail-damage claims to residential and commercial properties has reached staggering levels, leaving the courts in several Texas counties struggling to keep up with…more

Breach of Contract, Insurance Industry, Insurance Litigation, Prompt Payment, Property Damage

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Symptoms of the Texas Progressive Claim Syndrome

Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a…more

Commercial Insurance Policies, First-Party Coverage, Insurance Industry, Insurance Litigation, Insureds

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Damn Ice Dams

After over 2 feet of snow was dumped on most of New England in the beginning of February, the submission of those “damn” ice dam claims may start at any moment. Record high temperatures may have melted the snow in a blink of an…more

Insurance Industry, Insurance Litigation, Property Damage, Property Insurance

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Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of…more

Confidential Communications, Discovery, Insurance Industry, Reinsurance

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Check Your Map: The Changing Landscape of Reasonable Accommodation

We recently helped a client work through a collection of reasonable accommodation issues. In doing so, we realized that we were dealing with questions that wouldn’t have come up 10 years ago, or maybe even 5 years ago. …more

ADA, GINA, Medical Marijuana, Pregnancy, Reasonable Accommodation

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Considering the Site of Insured Locations in Delaware

When faced with insurance policies covering large national or multinational companies that have insured locations scattered around the globe, courts can struggle when applying a choice of law analysis when there is no governing…more

Commercial Insurance Policies, Insurance Industry, Insurance Litigation, Insureds

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Gorsuch’s Good, Wrong Opinion on Microsoft Antitrust Case

Judge Neil Gorsuch got it wrong. I’m sure of it. His opinion affirmed the trial court’s dismissal of an unlawful monopolization case brought by our client, the former owners of WordPerfect (anyone remember WordPerfect?), against…more

DOJ, Microsoft, Monopolization, Novell

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An Analysis of Environmental Impairment Liability Issues

Environmental impairment liability (EIL) policies currently available in the market provide very broad coverage. Thus, an EIL policy may provide coverage for an insured’s owned site clean-up costs, off-site clean-up costs, third…more

Claims Made Policy, Insurance Industry, Insurance Litigation, Insureds, Policy Exclusions

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5th Circ. Brings Consistency to Improper-Joinder Analysis

Weather events in recent years have led to a surge of lawsuits seeking coverage for property damage. Often, in an effort to defeat diversity jurisdiction, a Texas resident will sue both a foreign insurance company and a fellow…more

Improper Joinder, Insurance Litigation, Jurisdiction, Pleading Standards, Property Damage

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2016 Highlights From Indirect Purchaser Class Actions

As 2016 comes to a close, we review some of the more interesting court decisions in the indirect purchaser class action arena over the past 12 months and provide practitioners with some key takeaways for 2017 and beyond. While…more

Antitrust Litigation, Article III, Chemicals, Class Action, Class Certification

See all updates »

A Scary Dam Cat

The February 12, 2017 emergency evacuation of nearly 200,000 California residents living in and around the town of Oroville, downstream from the Oroville Dam, was a stunning reminder of the ironic danger created by major dams. …more

Dams, Flooding

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How Appraisal Protects Against Texas Insurance Code Abuse

Insurance practice in Texas has become somewhat rote. Typically, a petition is filed against both an insurance company (that is often not based or incorporated in Texas) and a local adjuster. In addition to a breach of contract…more

Appraisal, Bad Faith, Breach of Contract, Breach of Duty, Common Law Claims

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Avoiding Gamesmanship in Appointing Appraisal Umpires

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered an…more

Appraisal, Appraisal Clauses, Insurance Claims, Property Insurance, Subject Matter Jurisdiction

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Incentive Award Guidance From Recent Class Actions

Class representatives play a vital role in competition and other class actions. They participate in the litigation process as an individual plaintiff would — devoting their time and resources to the case, and undertaking…more

Class Action, Class Representatives, Incentive Awards, Risk Management, Settlement

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Loss In English-Spanish Translation Can Cost Insurers

Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers…more

Insurance Industry, Latin America, Reinsurance

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Texas Seeks to Round ‘Em Up – Zika Fears Spread

Texas Department of State Health Services (“DSHS”) Commissioner Dr. John Hellerstedt was quoted in an April 7, 2017 news release saying “Zika remains a significant health risk to pregnant women and their babies, and it’s only a…more

Infectious Diseases, Pregnancy, Public Health, Zika

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What’s in a (Storm) Name?

Since 2012, The Weather Channel (“TWC”) has been naming winter storms according to its own internal procedures—or, as some would see it, internal whims. TWC’s criteria for naming winter storms was first implemented for the…more

National Weather Service, Severe Weather

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SINKING CITIES: Not Just at Sea Level Anymore

When the Mexica people founded the city of Tenochtitlan in the fourteenth century, they built it on an island in the center of an inland lake in the fertile Valley of Mexico. Over seven centuries, the population of the city –…more

Global Warming, Groundwater, Mexico, Rising Sea Levels

See all updates »

Super-Typhoon Nock-Ten: Late-Season Abnormality or Harbinger of Larger Changes?

An unusual December super-typhoon made several landfalls in the Philippines on Christmas Day 2016, bringing heavy rainfall, fierce wind gusts, and dangerous flooding to the island nation. While the number of fatalities…more

Insurance Industry, Philippines, Property Damage, Severe Weather

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Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where the…more

Ambiguous, Bargaining Power, Contract Drafting, Contract Interpretation, Contract of Adhesion

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Clearing up the Smoke: Insurance and Marijuana

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the…more

Controlled Substances Act, Decriminalization of Marijuana, Insurance Industry, Marijuana, Marijuana Related Businesses

See all updates »

2016 Highlights From Indirect Purchaser Class Actions

As 2016 comes to a close, we review some of the more interesting court decisions in the indirect purchaser class action arena over the past 12 months and provide practitioners with some key takeaways for 2017 and beyond. While…more

Antitrust Litigation, Article III, Chemicals, Class Action, Class Certification

See all updates »

Reservations of Rights Around the World

Upon notification of a loss, and in order to avoid waiving its rights to rely on a defense to a claim for indemnity under the policy, the insurer may issue a reservation of rights. In the context of liability insurance, an ROR…more

Duty to Defend, Jurisdiction, Liability Insurance, Reservation of Rights

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The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically demanded…more

Appraisal, Appraisal Awards, Breach of Contract, Insurance Industry, Insurance Litigation

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Clearing up the Smoke: Insurance and Marijuana

Following on from our last article concerning issues for (re)insurers arising from an insured’s illegal conduct, this article examines the issues arising out of the burgeoning legalized marijuana industry in the…more

Controlled Substances Act, Decriminalization of Marijuana, Insurance Industry, Marijuana, Marijuana Related Businesses

See all updates »

Stressed about CATs? The London Market Is Ready

Earlier this year, a London insurance market industry group published London Market looks ahead: Preparing for the next big insurance event, a White Paper describing a stress test of the market when faced with a…more

Catastrophic Events, Cyber Attacks, Hurricane Season, Insurance Industry, Power Infrastructure

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The Insurer’s Dilemma: To Produce, or Not to Produce?

“Request for Production Number 25: Produce the entire underwriter’s file for underwriting the policy.” This familiar discovery demand has become far too common in the realm of insurance coverage litigation, and the request is…more

Ambiguous, Confidential Information, Insurance Industry, Popular, Underwriting

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A Worrying Insurance Trend: Litigation, No Cooperation

An alarming trend is emerging in the first-party insurance claims process. This new approach attempts to dispose of the traditional claims process in favor of an abbreviated process (if any) followed immediately by litigation…more

Duty to Defend, Duty To Notify, Insurance Claims, Insurance Litigation

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Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug…more

FTC v Actavis, Generic Drugs, Hatch-Waxman, Patent Infringement, Pay-For-Delay

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Texas Hail Claims: Dealing With Multiple Disasters at Once

As reported in the national news, North Texas recently experienced multiple significant hail storms. This article will address some of the issues associated with insurance claims arising from multiple hail events over a short…more

Deductibles, Insurance Claims, Insurance Industry, Property Damage

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Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing…more

Antitrust Litigation, Cartels, Class Action, Cross-Border Transactions, EU

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Navigating Election Day 2016

November 8, 2016 is almost here—finally. There has been stress and controversy in the workplace this election season as a result of the unusually contentious and heated presidential election. Indeed, a recent American…more

Coerced Patronage, Hillary Clinton, Political Campaigns, Political Candidates, Presidential Elections

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