Some readers have asked for an update on the status of Boynton v. Alacrity Services, LLC, a putative class action filed in July involving a preferred contractor program, which was mentioned in my July 16, 2012 blog post.  The case was removed to the U.S. District Court for the Northern District of Ohio.  In September, both Alacrity and Allstate filed motions to dismiss. 

Alacrity’s motion to dismiss brief argues that:  (1) under the terms of the insurance policy, Allstate could choose to repair the property rather than paying for damaged property, and therefore no money paid by Allstate to Alacrity could be owed to the plaintiffs; and (2) the plaintiffs’ claims are time-barred under the contractual suit limitation provision in their Allstate policy.  Alacrity further argues that the plaintiffs lack standing, and that any payment made to Alacrity could not have impaired the plaintiffs’ rights under the Allstate policy, which they can pursue to the extent they have any such contractual rights.  Alacrity cites the decision in Smith v. Alacrity Services, LLC, 778 F. Supp. 2d 606 (D. Md. 2011), in which a similar putative class action against Alacrity was dismissed.  In that case, the judge wrote that the plaintiff’s claim “that whatever Allstate paid third parties for repairs to her house was her money, rests on pure imagination.”

Allstate’s motion to dismiss brief argues that: (1) the plaintiffs’ claims are time-barred under the one-year contractual suit limitation provision in their policy; (2) there is no legal basis for plaintiffs to recover amounts paid to Alacrity; and (3) if there is a dispute over the cost of repair, it must be resolved by n appraisal under the policy’s appraisal provision.  Allstate also argues, in the alternative, that if any claim survives dismissal, the class allegations with respect to non-Ohio putative class members should be dismissed or stricken.

The plaintiffs’ opposition briefs are a bit rambling and difficult to summarize, but if you want to read through them, here is the opposition to Alacrity’s motion to dismiss and opposition to Allstate’s motion to dismiss.

At this point I don’t know when a decision might be issued on these motions.  Stay tuned.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Wystan Ackerman Wystan Ackerman

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you…

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you have something to say.  For those looking for my detailed law firm bio, click here.  If you want a more light-hearted and hopefully more interesting summary, read on:

People often ask about my unusual first name, Wystan.  It’s pronounced WISS-ten.  It’s not Winston.  There is no “n” in the middle.  It comes from my father’s favorite poet, W.H. (Wystan Hugh) Auden.  I’ve grown to like the fact that because my name is unusual people tend to remember it better, even if they don’t pronounce it right (and there is no need for anyone to use my last name because I’m always the only Wystan).

I grew up in Deep River, Connecticut, a small town on the west side of the Connecticut River in the south central part of the state.  I’ve always had strong interests in history, politics and baseball.  My heroes growing up were Abraham Lincoln and Wade Boggs (at that time the third baseman for the Boston Red Sox).  I think it was my early fascination with Lincoln that drove me to practice law.  I went to high school at The Williams School in New London, Connecticut, where I edited the school newspaper, played baseball, and was primarily responsible for the installation of a flag pole near the school entrance (it seemed like every other school had one but until my class raised the money and bought one at my urging, Williams had no flag pole).  As a high school senior, my interest in history and politics led me to score high enough on a test of those subjects to be chosen as one of Connecticut’s two delegates to the U.S. Senate Youth Program, which further solidified my interest in law and government.  One of my mentors at Williams was of the view that there were far too many lawyers and I should find something more useful to do, but if I really had to be a lawyer there was always room for one more.  I eventually decided to be that “one more.”  I went on to Bowdoin College, where I wrote for the Bowdoin Orient and majored in government, but took a lot of math classes because I found college math interesting and challenging.  I then went to Columbia Law School, where I was lucky enough to be selected as one of the minions who spent their time fastidiously cite-checking and Blue booking hundred-plus-page articles in the Columbia Law Review.  I also interned in the chambers of then-Judge Sonia Sotomayor when she was a relatively new judge on the Second Circuit, my only connection to someone who now has one-ninth of the last word on what constitutes the law of our land.  I graduated from Columbia in 2001, then worked at Skadden Arps in Boston before returning to Connecticut and joining Robinson+Cole, one of the largest Connecticut-based law firms.  At the end of 2008, I was elected a partner at Robinson+Cole.

I’ve worked on class actions since the start of my career.  Being in the insurance capital of Hartford, we have a national insurance litigation practice and most of the class actions I’ve defended have been brought against insurance companies. I’ve also handled some involving products liability, managed care, health care, utilities, financial services, higher education and environmental issues.

My insurance class action practice usually takes me outside of Connecticut.  I’ve had the pleasure of working on cases in various federal and state courts and collaborating with great lawyers across the country.  While class actions are an increasingly large part of my practice, I don’t do exclusively class action work.  The rest of my practice involves litigating insurance coverage cases, often at the appellate level.  That also frequently takes me outside of Connecticut.  A highlight of my career thus far was working on Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court’s first Class Action Fairness Act case.  I was Counsel of Record for Standard Fire on the cert petition, and had the pleasure of working with Ted Boutrous on the merits briefing and oral argument.

I started this blog because writing is one of my favorite things to do and I enjoy following developments in class action law, writing about them and engaging in discussion with others who have an in interest in this area.  It’s a welcome break from day-to-day practice, keeps me current, broadens my network and results in some new business.

When I’m not at work, you might find me running lines or watching a musical with my teenage daughter who hopes to be a Broadway star (or taking her to voice or dance lessons) or reading a good book.

Read more about Wystan Ackerman
Show more Show less
Related Posts
Auto Insurance Total Loss Class Action: Ninth Circuit Affirms Denial of Class Certification
February 15, 2022
Upcoming Webinar on COVID-19 Business Interruption Insurance Class Actions
May 16, 2020
Labor Depreciation Class Action: New Eighth Circuit Decision
September 28, 2017