Numerous class action suits have been filed against auto insurers regarding the valuation of vehicles that are total losses. These cases typically allege that insurers are undervaluing vehicles in some common way or in violation of a state regulation. The Ninth Circuit recently affirmed the denial of class certification in a published decision that I
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.
TransUnion v. Ramirez: New Standing Decision Presents Strategic Considerations for Class Action Defendants
Last Friday, the U.S. Supreme Court issued a new decision on the requirement that plaintiffs have “standing” to sue in federal court. More specifically, the Court addressed what is required for a plaintiff to demonstrate “concrete harm.” Following this decision, defendants in class actions will have significant strategic decisions to make about whether and when…
Are Incentive Awards for Named Plaintiffs in Class Actions Allowed? Not According to the Eleventh Circuit
A recent decision by the Eleventh Circuit struck down a practice that is commonplace in class action settlements—providing a modest incentive award to a named plaintiff. In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the district court, as part of the final approval of a class…
Upcoming Webinar on COVID-19 Business Interruption Insurance Class Actions
Over the last several weeks, numerous putative class actions have been filed against insurers seeking coverage for business interruption claims arising from the COVID-19 pandemic. On May 21, 2020, I will be a panelist, along with Robert M. Cooper of Boies Schiller Flexner LLP and Mark P. Rapazzini of Heffler Claims Group, in a Perrin…
Does Bristol-Myers Squibb Apply to Class Actions? D.C. and Seventh Circuit Issue New Decisions
This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) (blog post)…
Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification
Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most non-lawyers (and even some lawyers) would probably be surprised that this issue was even being…
Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois
When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named plaintiff’s claim and make the case go away? As you…
Superiority and Mootness of Injunctive Relief Claim Addressed in Recent Denial of Class Certification
A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an opportunity to change its practices in response to the change (or clarification) in the law. This decision…
Ninth Circuit Reverses Class Action Settlement Based on Notice Concerns and Insufficient Scrutiny
Class action settlements are complicated. They often take months to negotiate. The last thing the lawyers or their clients on either side want to happen is for the trial court to deny approval or, even worse, for an appellate court to overturn a decision approving the settlement when an objector appeals. That happened earlier this…
Sixth Circuit Reminds District Courts and Defendants That Notice Must Be Given Before Binding Class Members
A recent decision by the U.S. Court of Appeals for the Sixth Circuit provides an important reminder that if defendants want absent class members to be bound by a summary judgment ruling in their favor, generally they must insist that notice be given to the class before that ruling is made.
In Faber v. Ciox…