An emerging issue in class action litigation against the insurance industry involves an attempt by plaintiffs’ attorneys to argue that insurers should not be permitted to apply any deductible to payments made on an actual cash value basis. Most homeowners and commercial property insurance policies provide for insurers to make an initial payment for the
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.
Update on Labor Depreciation Class Actions
There have been two recent federal district court decisions in the widespread class action litigation involving the application of depreciation to the labor cost component of replacement cost value on property insurance claims. (For background on this issue, see my February 21, 2017 blog post.) The “labor depreciation” litigation has been trending in favor…
Highlights From DRI Class Action Seminar 2017 – Day Two
Here are my highlights from the second day of DRI’s 2017 Class Action Seminar:
Class Action Waivers in Employment Agreements (Neal Katyal of Hogan Lovells)
Neal Katyal is a leading Supreme Court advocate and is litigating one of several cases involving class action waivers in employment agreements that will be argued in the Court early…
How Should Corporate Defendants Handle Media Inquiries Regarding Class Actions?
At the recent DRI Class Action Seminar, I asked Alison Frankel of Thomson Reuters how she thinks corporate defendants should best handle media inquiries relating to class action suits. Here’s what I gleaned from her answer:
- Statements issued by corporate media relations departments are usually worthless. They do not help a reporter understand a court
…
Highlights From DRI Class Action Seminar 2017 – Day One
I recently had the privilege of serving as vice chair for this year’s Defense Research Institute (DRI) Class Action Seminar. As I’ve done in years past, here are some highlights from the first day’s programming:
Forecast for Class Actions Under a Trump Administration (Alison Frankel of Thomson Reuters)
Alison Frankel predicted that it is doubtful…
Scope of Personal Jurisdiction In Nationwide and Multistate Class Actions Potentially Impacted By Supreme Court Decision In Bristol-Myers Squibb Case
This week the Supreme Court issued a new opinion in a case that involved the scope of personal jurisdiction in a nationwide mass action brought in a state court. Although it is not entirely clear the extent to which this decision may apply in a class action or in a case brought in federal court,…
Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you guess have played a video game on an Xbox 360? The answer might be zero. But the…
Georgia Diminished Value Putative Class Action: Motion to Dismiss Decision
In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example). These cases stem from a 2012 Georgia Supreme Court decision ruling that diminution in value following completion of repairs was potentially…
DRI Class Action Seminar 2017
The Defense Research Institute (DRI) is once again hosting what is sure to be a superb and well-attended class action seminar this year, on July 20-21, 2017, in Washington D.C. The program will include, among other sessions:
- a presentation by Alison Frankel of Thomson Reuters on the impact of the Trump Administration and Justice Gorsuch
…
Thoughts on the Fairness in Class Action Litigation Act of 2017
A fair amount of attention has been given in the legal media to the Fairness in Class Action Litigation Act of 2017, H.R. 985, which has passed the House of Representatives and is currently under consideration by the Senate. Corporate groups and the defense bar have sung its praises, and the plaintiffs’ bar has…