When a class action settlement is objected to and subsequently approved by the court, objectors sometimes appeal, which can substantially delay the settlement process including distribution of settlement funds to class members. To mitigate the risks and costs of such delays, parties to the settlement can ask the court to require objectors to post an
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 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.
Advisory Committee on Federal Civil Rules Considering Potential Amendments to Class Action Rule and Potential Third-Party Litigation Funding Rule
At a recent meeting, the Advisory Committee on Civil Rules of the Judicial Conference of the United States discussed, at an early stage, potential amendments to the federal class action rule, as well as a potential rule requiring disclosure of third-party litigation funding. No specific proposed amendments are before the committee at this stage (see…
Ninth Circuit Finds Class Certification Inappropriate in Case Involving Projected Sold Adjustments on Auto Insurance Total Losses
A recent Ninth Circuit decision reconciled other decisions within that circuit involving auto insurance total losses, concluding that individual questions predominated and therefore affirming the district court’s denial of class certification. The dissent, however, called for en banc review, suggesting that an intra-circuit split exists.
In Ambrosio v. Progressive Preferred Insurance Company, – F.
How Will Trump v. CASA, Inc. Affect Class Certification Law?
The Supreme Court’s recent decision in Trump v. CASA, Inc., –– S. Ct. ––, 2025 WL 1773631 (U.S. June 27, 2025), restricting the use of “universal injunctions” by federal district courts, is receiving extensive attention regarding how it may affect the litigation challenging various executive orders and actions of President Trump. From the perspective…
Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees are awarded by the court and paid separately by the defendant; or (2) a “common fund” structure, in…
Supreme Court to Decide Key Question of Whether Rule 23(b)(3) Class May Be Certified if Some Proposed Class Members Lack any Article III Injury
On Friday, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” This has the potential…
Exceptions to Class Action Fairness Act Jurisdiction Addressed by First Circuit
In class actions involving more than one defendant and at least one local defendant, two exceptions to jurisdiction under the Class Action Fairness Act (CAFA) potentially come into play. The “home state” exception applies if two-thirds or more of the proposed class members and the “primary defendants” are citizens of the state where suit was…
Issues Classes Under Rule 23(c)(4): Seventh Circuit Focuses on Superiority
Plaintiffs sometimes seek to certify an “issues class” under Federal Rule of Civil Procedure 23(c)(4) (or an equivalent state court rule) if they anticipate difficulty certifying the entire case for class treatment, but certain issues maybe more likely to qualify for class treatment. The federal rule provides that “[w]hen appropriate, an action may be brought…
Attorneys’ Fees Award in Data Breach Class Action Settlement Reversed by Eighth Circuit
These days it seems like nearly every data breach results in a multitude of class action filings. Some of these cases settle quickly with minimal litigation. In such a case, the Eighth Circuit recently reversed an attorneys’ fees award of $78.75 million, finding it excessive.
In re T-Mobile Customer Data Security Breach Litigation, Nos.
New Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification
A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new and different way. First, the court held that a named plaintiff does not have standing to seek injunctive relief…