The Seventh Circuit recently provided additional guidance on the question of under what circumstances misconduct by plaintiff’s counsel can warrant denial of class certification. In 2011, the Seventh Circuit addressed this issue in Creative Montessori Learning Ctrs. v. Ashford Gear, LLC, 662 F.3d 913 (7th Cir. 2011) (blog post), vacating and remanding
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.
Standard Fire Ins. Co. v. Knowles: U.S. Supreme Court Hears Oral Argument in First Class Action Fairness Act (CAFA) Case
Yesterday the U.S. Supreme Court heard oral argument in Standard Fire Insurance Co. v. Knowles, its first case involving the Class Action Fairness Act of 2005 (CAFA). The case involves whether a named plaintiff can evade federal jurisdiction under CAFA by stipulating that he will not seek more than $5 million on behalf of…
Seeking Dismissal on Standing Grounds? Beware of a Possible Remand
In some putative class actions, the defendant seeks dismissal of the complaint on the grounds that the named plaintiff lacks standing to sue. Where the case has been removed to federal court, however, one possible outcome of such a motion is an order remanding the case back to state court. This may not be what…
Title Insurance Class Action Decertified Based On Wal-Mart v. Dukes
Title insurers have been hit with a wave of putative class action lawsuits alleging that they improperly failed to provide discounts on premiums for title policies issued in connection with a refinancing. (For more on this, see the Title Insurance page of this blog.) Although some classes have been certified on this issue, the federal…
Class Action on Use of Staff Counsel Dismissed By Indiana Federal District Court
About a year ago I noted on this blog the filing of a new putative class action in Indiana state court alleging that State Farm improperly failed to disclose to its insureds, in connection with the issuance of automobile policies, that State Farm may use staff counsel to defend them in lawsuits. (See my November…
Superstorm Sandy and Hurricane Irene Class Action Filed Regarding Flood Insurance Claims
It’s been only about 45 days since Superstorm Sandy struck, and already the first insurance class action has been filed in New Jersey federal court. In Donnelly v. New Jersey Re-Insurance Company, et al, Case No. 2:33-av-00001 (D.N.J., filed Dec. 13, 2012), the allegations focus on coverage for flood insurance claims made under the…
Class Actions for Declaratory or Injunctive Relief Under Rule 23(b)(2) Addressed In New Opinion By Judge Posner
Judge Posner has been quite prolific in writing opinions on class certification. His latest one addresses under what circumstances a Rule 23(b)(2) class can seek “incidental” monetary relief after Wal-Mart v. Dukes.
In Johnson v. Meriter Health Servs. Employee Retirement Plan, No. 12-2216, 2012 U.S. App. LEXIS 24854 (7th Cir. Dec. 4, 2012)…
Life Insurance Retained Asset Accounts: New District of Massachusetts Decision
Life insurers’ use of retained asset accounts (in which checkbooks are provided to beneficiaries of life policies) have given rise to a rash of class action lawsuits in which courts have reached disparate results. I have blogged about these cases on a number of occasions. In my February 22, 2012 post, I discussed decisions…
Class Action Fairness Act (CAFA) Interlocutory Appeals: Article Published in DRI’s In-House Defense Quarterly
I recently published an article on Class Action Fairness Act (CAFA) interlocutory appeals (pdf) in the Defense Research Institute’s In-House Defense Quarterly magazine. DRI was kind enough to allow me to republish it here for readers of my blog. My article focuses on the practical challenges in these appeals given their expedited timeframe, and strategies…
Predominance Addressed in New Seventh Circuit Opinion By Judge Posner
The class action world is abuzz with discussion of Judge Posner’s recent opinion for the Seventh Circuit in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030, 2012 U.S. App. LEXIS 23284 (7th Cir. Nov. 13, 2012). This decision, finding class certification appropriate in a product defect case, could have reverberations beyond the products…