Wystan Ackerman

Wystan Ackerman

Robinson & Cole LLP

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Class Action
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Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit

A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action....more

8/14/2018  /  Article III , Corporate Counsel , Putative Class Actions , Regulatory Violations , Standing , TCPA , Unsolicited Faxes

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...more

8/3/2017  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , Corporate Counsel , Ethics , FRCP 23 , Mandatory Arbitration Clauses , NLRA , NLRB , Settlement , 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

1/22/2016  /  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 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

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

Can an Insurer Intervene in a Class Action to Protect Against a Collusive Settlement?

Liability insurers are sometimes faced with a difficult scenario: Their insured has been sued in a class action with potentially large stakes. The insurer believes they have no duty to defend and a denial of coverage is...more

7/7/2015  /  Class Action , Commercial General Liability Policies , Denial of Insurance Coverage , Duty to Defend , Liability Insurance , Motion To Intervene , Reservation of Rights , TCPA

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

6/17/2015  /  Article III , AT&T , AT&T Mobility v Concepcion , Bayer , Campbell Ewald v Gomez , Certiorari , Class Action , Class Certification , Doffing , Donning , Dukes v Wal-Mart , Federal Rules of Civil Procedure , FLSA , Genesis HealthCare , Genesis Healthcare Corp. v. Symczyk , Popular , Property Damage , Public Works , Putative Class Actions , Robocalling , Safety Equipment , SCOTUS , Settlement Offer , Spokeo , Spokeo v Robins , Standing , Summary Judgment , TCPA , Text Messages , Trial-by-Formula , Tyson Foods , Tyson Foods v Bouaphakeo , U.S. Navy , Unpaid Overtime , Wage and Hour , Wal-Mart

Offer of Judgment to Named Plaintiff Did Not Moot Putative Class Action, According to Eleventh Circuit

Following the Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), lawyers have debated whether a defendant can defeat a class action by offering full relief to the named plaintiff(s),...more

12/9/2014  /  Class Action , Class Certification , Mootness , Offer of Judgment , Putative Class Actions , Rule 68 , TCPA
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Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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