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
  • 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 »

[Event] The LatAm Gateway Summit - October 11th, Miami, Fl

The LatAm Gateway Summit will focus on Latin American insurance and reinsurance issues. The economic climate, claims, underwriting, and opportunities unique to Latin America will be explored. Insurers, reinsurers, risk managers,…more

Events, Insurance Industry, Latin America, Reinsurance

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A New Arrival Threatens Mexico’s Tourism Industry: Tropical Storm Lidia

Tropical Storm Lidia may be in the shadows of the extensive Hurricane Harvey coverage, but it is certainly nothing to ignore. While news of the floods and devastation in Texas dominate the media outlets, Tropical Storm Lidia is…more

Hurricane Season, Mexico, NOAA, Property Damage

See all updates »

2017 Wildfires Expected to Cause Surge in Insurance Claims

Wildfire season in North America is off to a raging start this year. Fire activity in the western United States increased significantly in June as preexisting dry conditions and record-setting heat events created the perfect…more

Fire Insurance, Insurance Industry, Wildfires

See all updates »

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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Why Menchaca Changes Nothing for Appraisal Law

On April 7, 2017, the Supreme Court of Texas issued an opinion that some argue changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. In USAA Texas Lloyds Co. v. Menchaca, the…more

Appraisal, Extra-Contractual Fraud Claims, Insurance Code, Insurance Industry, TX Supreme Court

See all updates »

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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New Tool to Detect Ransomware May Prevent a Cyber Catastrophe

We here in the CAT – Law pressroom occasionally come to have a dispirited world view due to our constant and laser-like focus on the topic of catastrophes. However, our Magic 8 Ball has been saying “it is most probable” every…more

Cyber Attacks, Cybersecurity, Data Breach, Hackers, Malware

See all updates »

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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Concurrent Causation in Puerto Rico

While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge along…more

Anti-Concurrent Causation Clauses, Concurrent Causation, Flooding, Hurricane Irma, Hurricane Season

See all updates »

New Texas Legislation Does Not Change Texas' Insurance Claim Process

From the Texas Department of Insurance: House Bill 1774 - ..Does not apply to claims with the Texas Windstorm Insurance Association (TWIA)..…more

Hurricane Harvey, Hurricane Season, Insurance Industry, Property Insurance, Severe Weather

See all updates »

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

See all updates »

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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New Tool to Detect Ransomware May Prevent a Cyber Catastrophe

We here in the CAT – Law pressroom occasionally come to have a dispirited world view due to our constant and laser-like focus on the topic of catastrophes. However, our Magic 8 Ball has been saying “it is most probable” every…more

Cyber Attacks, Cybersecurity, Data Breach, Hackers, Malware

See all updates »

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 »

Hurricane Irma – The State of Concurrent Causation and ACC Clauses in Florida

For years Florida courts were plagued by the issue of determining the appropriate theory of recovery to apply when two or more perils converge to cause a loss and at least one of the perils is excluded from an insurance policy…more

Concurrent Causation, Hurricane Irma, Hurricane Season, Insurance Industry, Natural Disasters

See all updates »

Hurricane Harvey and Concurrent Causation in Louisiana

As bands of heavy rain from Hurricane Harvey move toward southwest Louisiana, damage from wind, rain and flooding is likely to affect the already storm-weary Pelican State. Anticipated damage is expected to fall into three…more

Concurrent Causation, Hurricane Harvey, Hurricane Season, Insurance Claims, Insurance Industry

See all updates »

2017 Wildfires Expected to Cause Surge in Insurance Claims

Wildfire season in North America is off to a raging start this year. Fire activity in the western United States increased significantly in June as preexisting dry conditions and record-setting heat events created the perfect…more

Fire Insurance, Insurance Industry, Wildfires

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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Will Reinsurers Sustain a Direct Hit From Hurricane Harvey?

While predictions and analyses abound regarding the potential hit from Hurricane Harvey direct insurers may take, the potential impact to reinsurers has received considerably less attention. In the aftermath of this historic…more

FEMA, Hurricane Harvey, Insurance Industry, National Flood Insurance Program, Natural Disasters

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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

See all updates »

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

See all updates »

Irma - Florida Office of Insurance Regulation Emergency Order

The Florida Office of Insurance Regulation has issued an Emergency Order related to Hurricane Irma. Some of the more notable provisions of this emergency order are..…more

Hurricane Irma, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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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

See all updates »

Why Menchaca Changes Nothing for Appraisal Law

On April 7, 2017, the Supreme Court of Texas issued an opinion that some argue changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. In USAA Texas Lloyds Co. v. Menchaca, the…more

Appraisal, Extra-Contractual Fraud Claims, Insurance Code, Insurance Industry, TX Supreme Court

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 »

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

See all updates »

Why Do I Have A Hurricane Harvey Claim From Hoboken?

As businesses and insurers sort out the impacts of Hurricane Harvey, it will take time to assess the physical damage and resulting business interruption losses. Invariably, however, business interruption impacts from Harvey will…more

Business Interruption, Hurricane Harvey, Hurricane Season, Insurance Industry, Natural Disasters

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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

See all updates »

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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Hurricane Harvey First Party Property Claims Checklist (Texas)

With the Arrival of Hurricane Harvey, Insurers Should Keep in Mind the Following Texas Insurance Code Claim-Handling Guidelines..…more

Hurricane Season, Insurance Industry, Natural Disasters, Property Insurance, Severe Weather

See all updates »

Hurricane Irma – The State of Concurrent Causation and ACC Clauses in Florida

For years Florida courts were plagued by the issue of determining the appropriate theory of recovery to apply when two or more perils converge to cause a loss and at least one of the perils is excluded from an insurance policy…more

Concurrent Causation, Hurricane Irma, Hurricane Season, Insurance Industry, Natural Disasters

See all updates »

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

See all updates »

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 »

The Dance of the Cyclones

On August 7, 2017, powerful Typhoon Noru made landfall in Japan, lashing the island nation with heavy rainfall and maximum sustained winds near 75 mph. While the dangers associated with Noru ought not to be underestimated,…more

Hurricane Sandy, Hurricane Season, Insurance Industry, Japan, Natural Disasters

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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 »

Concurrent Causation in Puerto Rico

While Puerto Rico was spared a direct hit from Hurricane Irma, it was lashed by Irma’s wind and experienced significant amounts of rain that will likely lead to flooding. There may also be damages arising from storm surge along…more

Anti-Concurrent Causation Clauses, Concurrent Causation, Flooding, Hurricane Irma, Hurricane Season

See all updates »

Survive the Summer Sizzle! Speaking of HVAC’s…

Theories on global warming aside, the scientific community predicts there is a greater than 57% chance that 2017 will turn out to be the second-hottest year on record. During June there were 4,343 warm daily high (1,848) and low…more

Climate Change, Global Warming, HVAC Contractors

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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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