Wystan Ackerman

Wystan Ackerman

Robinson & Cole LLP

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Supreme Court Rules That Third-Party Counterclaim Defendants Cannot Remove Class Actions Under the Class Action Fairness Act...

The U.S. Supreme Court held yesterday that a third-party defendant could not remove a class action to federal court under the Class Action Fairness Act (CAFA) because the term “defendant” as used in CAFA refers only to the...more

5/29/2019  /  CAFA , Class Action , Co-Defendants , Counterclaims , Home Depot USA Inc v Jackson , Jurisdiction , Removal , SCOTUS , Third-Party

Nutraceutical Corp. v. Lambert: Rule 23(f) Deadline Cannot Be Equitably Tolled

The Supreme Court ruled yesterday, in Nutraceutical Corp. v. Lambert, that the 14-day deadline under Federal Rule of Civil Procedure 23(f) for petitioning a court of appeals to hear a discretionary appeal from a class...more

2/27/2019  /  Class Action , Class Certification , Collective Actions , Decertification , Equitable Tolling , Federal Rules of Civil Procedure , Filing Deadlines , FRCP 23(f) , Interlocutory Appeals , Leave to Appeal , Motion for Reconsideration , Nutraceutical Corp v Lambert , SCOTUS

SCOTUS to Decide Whether Class Action Counterclaims Can Be Removed Under Class Action Fairness Act

The U.S. Supreme Court recently granted certiorari in Home Depot U.S.A. Inc. v. Jackson, No. 17-1471 to decide whether a defendant to a class-action counterclaim can remove the case to federal court under the Class Action...more

10/3/2018  /  CAFA , Class Action , Co-Defendants , Counterclaims , Home Depot USA Inc v Jackson , Jurisdiction , Removal , SCOTUS

Judge Kavanaugh on Class Actions

With Judge Brett Kavanaugh’s nomination to the Supreme Court, one question to ask is whether, if he is confirmed, that will move the Court to any degree in class action cases. ...more

7/18/2018  /  Class Action , Class Certification , Corporate Counsel , Defense Strategies , Judicial Appointments , Nominations , SCOTUS , Trump Administration

Sveen v. Melin: Supreme Court Speaks On the Contracts Clause

After a decades-long drought, the Supreme Court recently decided a case involving the Contracts Clause of the Constitution. You might not recall that provision because it is so rarely invoked in modern-day litigation (due to...more

6/13/2018  /  Beneficiary Designations , Contracts Clause , Divorce , Life Insurance , Nullification , Retroactive Application , Revocation , SCOTUS , Sveen v Melin

China Agritech, Inc. v. Resh: Class Actions Toll Statutes of Limitations Only for Individual Suits

This week, in China Agritech, Inc. v. Resh, the U.S. Supreme Court ruled that, under its prior decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the filing of a putative class action suit tolls the...more

6/13/2018  /  Appeals , China Agritech Inc v Resh , Class Action , Class Certification , Class Members , Equitable Tolling , FRCP 23 , Putative Class Actions , Reversal , SCOTUS , Securities Fraud , Statute of Limitations , Subsequent Litigation

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of...

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, No. 17-988. The question presented in the petition for certiorari is: “Whether the Federal Arbitration Act forecloses a state-law interpretation of...more

5/8/2018  /  Arbitration Agreements , Certiorari , Class Action Arbitration Waivers , Federal Arbitration Act , Federal v State Law Application , Lamps Plus Inc v Varela , SCOTUS

Data Privacy + Cybersecurity Insider - October 2017 #3

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

10/24/2017  /  Amazon Marketplace , Biometric Information , Biometric Information Privacy Act , Cyber Threats , Cybersecurity , Data Breach , Data Collection , Drones , Electronically Stored Information , Email , Extraterritoriality Rules , Hackers , Hyatt , Microsoft , Mobile Devices , Network Security , Personal Data , Privacy Concerns , Public Wireless Networks , Risk Management , SCOTUS , Stored Communications Act , US-CERT , Vulnerability Assessments , Wifi , Wireless Technology

Oral Argument in Epic Systems Corp. v. Lewis: Class Action Waivers in Employment Agreements

The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or...more

10/4/2017  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Employment Contract , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , NLRB , SCOTUS

Scope of Personal Jurisdiction In Nationwide and Multistate Class Actions Potentially Impacted By Supreme Court Decision In...

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...more

6/22/2017  /  Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Class Action , Mass Tort Litigation , Personal Jurisdiction , Pharmaceutical Industry , SCOTUS

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...more

6/20/2017  /  Article III , Class Action , Class Certification , Design Defects , Dismissal With Prejudice , FRCP 23 , FRCP 23(f) , Interlocutory Appeals , Microsoft v Baker , SCOTUS , Standing , Xbox

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...more

6/14/2017  /  Class Action , Class Certification , Design Defects , FRCP 23 , FRCP 23(f) , Microsoft v Baker , SCOTUS , Xbox

Gorsuch on Class Actions: How Might He Compare to Scalia?

Justice Scalia made major contributions to class action law, writing the Supreme Court’s opinions in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend, two of the Court’s most significant class action decisions in...more

2/3/2017  /  Abuse of Discretion , BP , CAFA , Class Action , Class Certification , Corporate Counsel , Judicial Appointments , Neil Gorsuch , Nominations , SCOTUS , Trump Administration

Supreme Court to Hear Class Action Cases Involving Class Action Waivers and Tolling of Statutes of Limitations

The U.S. Supreme Court recently granted certiorari in class action cases involving: (1) class action waivers in employment contracts; and (2) whether filing of a securities class action tolled a statute of repose. In both...more

1/19/2017  /  American Pipe & Construction Co. v. Utah , Arbitration , Arbitration Agreements , Certiorari , Class Action , Class Action Arbitration Waivers , Collective Actions , Ernst & Young , Federal Arbitration Act , Mandatory Arbitration Clauses , Murphy Oil USA , NLRA , NLRB , Putative Class Actions , SCOTUS , Securities , Statute of Repose , Tolling

Spokeo v. Robins Supreme Court Opinion: What Is Concrete Harm?

Yesterday, the Supreme Court issued its long-awaited decision in Spokeo, Inc. v. Robins, addressing whether the plaintiff had standing to sue in a putative class action brought under the Fair Credit Reporting Act (“FCRA”)....more

5/17/2016  /  Article III , Class Action , FCRA , Injury-in-Fact , Putative Class Actions , SCOTUS , Spokeo v Robins , Standing

Tyson Foods Supreme Court Opinion Addresses Statistical Evidence in Class Actions

Yesterday, the Supreme Court issued its opinion in Tyson Foods v. Bouaphakeo, addressing the use of statistical evidence in class actions. The plaintiffs’ bar will undoubtedly claim the decision as a victory because class...more

3/23/2016  /  Class Action , Class Certification , Doffing , Donning , FLSA , Popular , Rules Enabling Act , SCOTUS , Statistical Sampling , Tyson Foods v Bouaphakeo , Unpaid Overtime , Wage and Hour

How Will Justice Scalia’s Death Impact Pending Class Action Cases?

As our nation and especially the legal community mourn the death of one of the most charismatic and influential Supreme Court justices in our history, one question that might be asked is how Justice Scalia’s death might...more

2/16/2016  /  Antonin Scalia , Class Action , Class Certification , SCOTUS , Spokeo v Robins , Tyson Foods v Bouaphakeo

Supreme Court opinion in Campbell-Ewald co. v. Gomez: kicking the can down the road

Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more

1/22/2016  /  Article III , Campbell Ewald v Gomez , Mootness , Putative Class Actions , Rule 68 , SCOTUS , Settlement Offer , Standing , TCPA

Supreme Court Opinion In Campbell-Ewald Co. v. Gomez: Kicking The Can Down The Road

Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more

1/21/2016  /  Campbell Ewald v Gomez , Mootness , Putative Class Actions , Rule 68 , SCOTUS , Settlement Offer , TCPA

Thoughts on Tyson Foods Oral Argument

Tyson Foods, Inc. v. Bouaphakeo, the third and last of the three class action cases that the U.S. Supreme Court is hearing this Fall was argued yesterday. Articles in the New York Times and USA Today have suggested that the...more

11/12/2015  /  Class Action , Doffing , Donning , Insurance Industry , SCOTUS , Tyson Foods v Bouaphakeo , Unpaid Overtime

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

11/4/2015  /  Article III , Class Action , Data Privacy , FCRA , FDCPA , Insurance Industry , Privacy Laws , Private Right of Action , SCOTUS , Spokeo , Spokeo v Robins , Standing , TCPA

Campbell-Ewald Co. v. Gomez: Thoughts on Supreme Court Oral Argument

Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of whether a putative class...more

10/16/2015  /  Campbell Ewald v Gomez , Class Action , Declaratory Relief , Injunctive Relief , Insurance Industry , Mootness , Putative Class Actions , SCOTUS

Predominance Is Lacking Where Some Class Members Have No Injury, Says the Ohio Supreme Court

The U.S. Supreme Court is poised to decide next Term, in Tyson Foods, Inc. v. Bouaphakeo, whether a class can be certified when many class members lack injury (see my June 16 post for more on that). The Ohio Supreme Court...more

9/4/2015  /  Arbitration , Automotive Loans , Class Action , Class Certification , Insurance Industry , Mandatory Arbitration Clauses , Predominance Requirement , SCOTUS , Tyson Foods , Tyson Foods v Bouaphakeo

Offers of Judgment in Class Actions: First Circuit Suggests Sending a Bank Check

There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more

9/3/2015  /  Campbell Ewald v Gomez , Certiorari , Class Action , Genesis HealthCare , Genesis Healthcare Corp. v. Symczyk , Insurance Industry , Mootness , Private Schools , Putative Class Actions , Right to Privacy , Rule 68 , SCOTUS , TCPA , Unsolicited Faxes

Offers of Judgment in Class Actions: Fifth and Seventh Circuits Weigh In

As highlighted in my June 16 blog post, the Supreme Court has granted certiorari, in Campbell-Ewald Co. v. Gomez, No. 14-857 (SCOTUSblog page), to decide whether an offer of complete relief to a named plaintiff renders a...more

8/21/2015  /  Campbell Ewald v Gomez , Class Action , EFTA , Genesis HealthCare , Genesis Healthcare Corp. v. Symczyk , Insurance Industry , Rule 68 , SCOTUS
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