Wystan Ackerman

Wystan M. Ackerman

(he/him/his)

Partner

Wystan M. Ackerman

(he/him/his)

Partner

  • Overview

    Biography

    Wystan Ackerman focuses his practice on three main areas: class actions, appeals, and insurance coverage litigation.

    Class Actions

    Wystan chairs the firm's Class Action Team and writes the blog Class Actions Insider. He is one of Connecticut's leading class action defense lawyers, and has a national class action defense practice. Over more than twenty years, Wystan has been involved in defending more than 110 class actions in over 20 jurisdictions. In many of those cases, he prevailed on a dispositive motion. He is currently defending numerous putative class action lawsuits arising from the COVID-19 pandemic involving business interruption insurance claims.

    Wystan successfully petitioned the United States Supreme Court to grant certiorari and was co-counsel on the merits in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013), in which the Court rejected a plaintiff's attempt to evade federal jurisdiction by stipulating that the amount sought would not exceed the $5 million threshold under the Class Action Fairness Act. Wystan has defended putative class action cases involving insurance and financial services, products liability, environmental issues, data breaches, healthcare, higher education, consumer contracts, and securities. He has extensive experience defending major insurers in putative class actions involving homeowners' insurance, auto insurance, underwriting and business practices, and also advises insurers regarding the defense of their insureds in class actions. He has handled insurance class actions involving, for example, general contractor overhead and profit, labor depreciation, diminished value and various other issues. He has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the Defense Research Institute (DRI), and is currently vice chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel (FDCC).

    Appeals 

    Wystan also has a national appellate practice, mainly focused on insurance. He has been involved in more than 130 appeals, including appeals in every regional federal circuit, as well as in numerous state appellate and supreme courts, and the U.S. Supreme Court. He regularly represents national insurance industry associations as amici curiae in appellate and supreme courts. Wystan has been involved, as either counsel for the insurer or for an amicus curiae, in many of the most significant insurance coverage-related appeals over the last twenty years. Wystan has chaired the Appellate Section of the Federation of Defense and Corporate Counsel (FDCC) and has served on the pro bono panel of the U.S. Court of Appeals for the Second Circuit. 

    Insurance Coverage Litigation

    Wystan also has extensive experience litigating and advising insurers on coverage issues. His coverage practice is national in scope. High-profile coverage cases he has litigated include cases involving flood exclusion and Valued Policy Law issues arising from Hurricane Katrina, Chinese-made drywall, Superstorm Sandy, the cracking foundation litigation in Connecticut, and the COVID-19 pandemic. 

    Wystan has been listed as a Second Circuit Litigation Star in Benchmark Appellate (2013) and is listed as a litigation star in Benchmark Litigation (2013-2023). He was selected by his peers for inclusion in Hartford, CT – Best Lawyers® for 2023 in the area of Litigation-Insurance. Wystan also has been selected to the Connecticut Super Lawyers list from 2015 to 2022, and was selected as a Rising Star in Connecticut Super Lawyers from 2009 to 2014. In addition, he was named a JD Supra Readers' Choice Awards Top Author in the Class Action category for 2023 and 2018.

    Wystan serves as the Firm's Professional Development Partner.

  • Experience
    • Experience

      Experience

        Appellate

      • Successfully represented insurer in the Supreme Court of the United States (lead counsel on petition for certiorari and co-counsel on merits) in Standard Fire Insurance Company v. Knowles, 133 S. Ct. 1345 (2013) (invalidating stipulation by named plaintiff attempting to limit amount in controversy to below $5 million).

      • Successfully briefed and argued appeal in precedent-setting liability insurance case in the U.S. Court of Appeals for the First Circuit, establishing that insurer had no duty to defend where no lawsuit had been filed against the insured, that a demand letter under Mass. Gen. L. ch. 93A did not trigger a duty to defend, and that there was no duty to settle where the theory of liability against the insured was novel. 

      • Successfully litigated appeal in the U.S. Court of Appeals for the Fourth Circuit in case involving whether insurer had duty to defend a university in a high-profile case involving an alleged international child kidnapping following the breakup of a same-sex civil union. The Fourth Circuit ruled in favor of our client, reversing the district court's decision finding a duty to defend. 

      • Successfully obtained reversal by the U.S. Court of Appeals for the First Circuit of a district court judgment finding that manufacturing defect exclusion in yacht insurance policy was ambiguous. The First Circuit panel, which included retired Supreme Court Justice David H. Souter, agreed with our client's position, and directed the district court to enter judgment in favor of our client. 

      • Represented a major insurance industry association as amicus curiae in Hurricane Katrina case in which the Louisiana Supreme Court reversed a state appellate court and ruled that the water damage exclusion used in most homeowners insurance policies was applicable to the flooding that occurred in New Orleans at the time of Hurricane Katrina, an issue with an estimated exposure to the insurance industry of more than $1 billion.

        • Class Actions

      • Successfully defended one of the world's largest insurers in a putative class action in the New York Supreme Court in Manhattan alleging that the insurer's subrogation practices violated New York law. The trial court granted our motion to dismiss, the Appellate Division, First Department affirmed, and the New York Court of Appeals denied review. 

      • Successfully represented insurer in a series of putative class actions in six different jurisdictions involving market conduct/claim handling practices. All were resolved either on a dispositive motion or by settlement of the class representative's individual claims. Successfully conducted a three-day evidentiary hearing on class certification in a Florida state court, which resulted in a decision denying class certification that was affirmed on appeal.

      • Successfully represented insurer in putative class action in the Northern District of Florida involving allegations that insurer overcharged for building ordinance and law coverage and failed to comply with a Florida statute. The district court granted our motion to dismiss, and the Eleventh Circuit affirmed. 

      • Successfully represented insurer in Oklahoma federal court in putative class action alleging that insurer’s claim department practices and employment compensation practices for claim professionals caused underpayment of claims. After the court granted our motion to strike the class action allegations, the plaintiff agreed to voluntarily dismiss the case with prejudice.

      • Defended insurer in a case brought in the Central District of California in which the plaintiff sought to bring a class action involving two classes of allegedly aggrieved policyholders. The first class was allegedly deprived of payment of general contractor overhead and profit as a part of its damages. The second class was allegedly deprived of payment of sales tax as a part of its damages. After extensive discovery and motion practice, the class action allegations were voluntarily dismissed and the case was resolved on favorable terms.

      • Defended manufacturer in putative class actions involving alleged defects in consumer products in Connecticut and Illinois federal courts.

      • Served on the defendants' steering committee, taking a lead role in a putative class action filed by the Louisiana attorney general against over 200 insurers involving the Louisiana Road Home program established after Hurricanes Katrina and Rita.

        • Insurance Coverage Litigation

      • Represented an affiliate of a national insurance company in a declaratory judgment action seeking a declaration that there is no coverage under property insurance policies for the cost of replacing and remediating the effects of Chinese-made drywall. After oral argument before the federal district court for the Eastern District of Virginia, summary judgment was entered in favor of our client in the first federal court case in the country deciding coverage issues for Chinese drywall under homeowners policies. On appeal, the coverage issues were certified to the Virginia Supreme Court, which ruled unanimously in favor of our client's position.

      • Member of trial team for $100 million Hurricane Katrina commercial property case. First Hurricane Katrina case the client insurance company allowed before a New Orleans jury. Tried to verdict and settled on appeal for less than 2 percent of the claim.

      • Representation of insurers in complex insurance dispute in federal court, Eastern District of Louisiana, involving Hurricane Katrina property damage and business interruption claim for over $27 million and bad faith claims of over $100 million, where bad faith claims were dismissed based on summary judgment briefing and expert was precluded from testifying as to damages included in initial report based on motion in limine. The plaintiff voluntarily dismissed the case for the purpose of taking an appeal, and the district court's rulings were affirmed on appeal.

      • Represented commercial property insurers in several multimillion-dollar cases involving business interruption and property damage losses sustained due to the 9/11 terrorist attack on the World Trade Center. Successfully briefed Daubert motion to exclude testimony of insured's proposed damages expert and motion for summary judgment on the "period of restoration" and consequential damages.

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    • Professional Associations

      Professional Associations

      Federation of Defense and Corporate Counsel

      Connecticut Bar Association
      Insurance Law Section, Executive Committee

      Connecticut Bar Foundation
      James W. Cooper Fellow (2017 - Current)
    • Honors + Awards

      Honors + Awards

      Listed in Benchmark Litigation as a Local Litigation Star for Connecticut in the area of Insurance since 2015

      Listed as a Future Star in Benchmark Litigation for 2013 and 2014

      Listed as a Second Circuit Litigation Star in Connecticut in Benchmark Appellate, 2013

      AV® Preeminent™ Peer Review Rated in Martindale-Hubbell™ (Martindale-Hubbell Peer Review Ratings is a trademark. AV Preeminent is a certification mark of Reed Elsevier Properties, Inc.)

      Selected to the Connecticut Super Lawyers list from 2015 to 2022.

      Selected as a Rising Star in the Connecticut Super Lawyers list from 2009 to 2014.

      2023 and 2018 JD Supra Readers' Choice Awards Top Author in the Class Action category

      Connecticut Law Tribune, recognized in 2012 New Leaders in the Law Yearbook

      Selected by his peers for inclusion in The Best Lawyers in America© in the area of Litigation-Insurance for 2023

    • Community Involvement

      Community Involvement

      Town of Berlin
      Chair, Board of Ethics (2013 - Past)

      The Williams School
      Member, Alumni Board
  • NEWS + PRESS
    • Publications

      Publications

      "Certification of Legal Questions to State Courts," published in the Of Note column of Practical Law The Journal (Spring 2022)
      • » more info

        • Certification of Legal Questions to State Courts

        "Certification of Legal Questions to State Courts," authored by Wystan M. Ackerman, published in the Of Note column of Practical Law The Journal (Spring 2022)

        Many states allow federal courts to certify a question to the state’s highest court when faced with a significant but unsettled question of state law, which affords the benefits of upholding principles of comity and increasing efficiency in the judicial process. However, while certification empowers those courts to provide an authoritative ruling on key state law issues, it is neither appropriate nor advantageous to seek certification in every case. In the Q&A-format article, Wystan explains the certification process, highlighting the procedure and practical considerations for parties seeking to obtain or prevent certification, and addresses the standard federal courts typically apply when considering an application to certify question to a state court, and the types of questions that are most – and least – appropriate for certification.

      • View article

      "The Next Big Wave of Insurance Class Actions," published in Law360 (4/13/2015)
      • » more info

        • The Next Big Wave of Insurance Class Actions

        "The Next Big Wave of Insurance Class Actions," published in Law360, authored by Wystan M. Ackerman (4/13/2015)

        In the article, Mr. Ackerman discusses whether an insurer may apply depreciation to the labor component of the replacement cost estimate. Specifically, he examines the labor depreciation issue, recent decisions, and the next moves. Please click here to read the full article.

         


      "U.S. Supreme Court Addresses Requirements for Removal in Dart Cherokee Basin v. Owens," published in DRI Business Suit (1/30/2015)

      "Turning New Guns on Old Targets: Class Actions Against Insurance Companies," published in FDCC Quarterly (Fall 2014)

      "Strategies for Removal under the Class Action Fairness Act," published in Corporate Counsel (Spring 2014)

      "Class Action Fairness Act Interlocutory Appeals," published in In-House Defense Quarterly, a publication of the Defense Research Institute (Fall 2012)

      "Recent Developments in Insurance Class Actions," published in For the Defense, a publication of the Defense Research Institute (May 2012)

      "Class Actions Against Insurers? No Sure Thing," published in Connecticut Law Tribune (11/2011)

      "Does Daubert Apply at Class Certification? Eighth Circuit Tries to Find Middle Ground," published in The Business Suit, a publication of the Defense Research Institute (9/2011)

      "Defending Class Actions on Coverage Issues," published in For the Defense, a publication of the Defense Research Institute (5/2011)

      "The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions," published in New Appleman on Insurance, article is forthcoming (2011)

      "Recent Developments and Anticipated Trends in Defending Products Liability Class Actions," published in Inside the Minds: Litigating Products Liability Class Actions, published by Aspatore Books/Thomson Reuters (2011)

      "Handling the Flood Coverage Litigation: Lessons Learned from Katrina," published in Coverage, co-authored with Seth A. Schmeeckle, a partner at Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, an American Bar Association insurance litigation publication (May/June 2010)

      Chapter entitled "Property Insurance Under Homeowners' Policies: Structure, Recent Changes, and Emerging Issues," published in CAT Claims: Insurance Coverage for Natural and Man-Made Disasters, edited by Steven Plitt, Dennis J. Wall, and John K. DiMugno (2008), published by West

      "Property Insurance Litigation Arising from Hurricane Katrina: The Battle Moves to the Appellate Courts," published in Claims Quarterly, co-authored with Gregory P. Varga and Daniel F. Sullivan (December 2007)

      "The Connecticut Supreme Court on the Creation of a Constitutionally Distinct Judicial Department in the 1818 Constitution," published in Connecticut Supreme Court History (December 2007)

      "Does Vandalism Include Arson?" published in ABA Property Insurance Committee, Tort and Insurance Practice Section (Fall 2006)

      "Using Daubert Effectively in Business Interruption Cases," published in Committee News, a newsletter published by Property Insurance Law Committee of the American Bar Association's Tort, Trial and Insurance Practice Section (Fall 2005)

      "Precluding Defendants from Relitigating Sentencing Findings in Subsequent Civil Suits," published in Columbia Law Review, Note, 101 Colum. L. Rev. 128 (2001)
      • » more info

        • Precluding Defendants from Relitigating Sentencing Findings in Subsequent Civil Suits

        "Precluding Defendants from Relitigating Sentencing Findings in Subsequent Civil Suits," published in Columbia Law Review, authored by Wystan M. Ackerman, Note, 101 Colum. L. Rev. 128 (2001)
        Note, Precluding Defendants From Relitigating Sentencing Findings In Subsequent Civil Suits, 101 Colum. L. Rev. 128 (2001)

      "Recent Developments in Insurance Coverage" (Fall 2012), published in ABA Tort & Insurance Law Journal, Class Actions Section, co-author

    • Presentations

      Presentations

      "Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement," a Strafford CLE webinar (2/23/2023)
      • » more info

        • Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement

        "Rule 23(c)(5) Subclasses: Certification, Due Process, Adequate Representation, and Settlement," presented by Wystan M. Ackerman, a Strafford CLE webinar (2/23/2023)

        The panel of veteran class action litigators addressed when Rule 23 permits the creation and certification of subclasses, their strategic advantages to both plaintiffs and defendants, and the potential pitfalls that await those who fail to understand them, guiding both plaintiff and defense counsel through the effective use of subclasses to resolve a case. The panel discussed the statutory basis for subclasses; the types of cases and issues best suited for subclasses, where they most often appear and the types of problems they can and cannot resolve; and the unique questions and issues subclasses raise with respect to predominance, due process, certification, and settlement.


      "Current Trends in Consumer Class Action Litigation," as part of Perrin Conferences Class Action Litigation Conference (4/26/2022)
      • » more info

        • Current Trends in Consumer Class Action Litigation

        "Current Trends in Consumer Class Action Litigation," presented by Wystan M. Ackerman, as part of Perrin Conferences Class Action Litigation Conference (4/26/2022)

        The virtual presentation addressed a range of topics, including developments in Class Action Fairness Act jurisprudence; how arbitration agreements succeed or fail in preventing class action exposure; and recent trends and changes in class action settlement administration. The firm was pleased to be a sponsor of the Conference.


      "Defending Class Actions Using Absent Class Member Discovery," a Strafford CLE webinar (12/9/2021)
      • » more info

        • Defending Class Actions Using Absent Class Member Discovery

        "Defending Class Actions Using Absent Class Member Discovery," presented by Wystan M. Ackerman, a Strafford CLE webinar (12/9/2021)

        The CLE course was designed to prepare defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. In the wide-ranging, 90-minute presentation, the panel of experienced litigators discussed the courts’ varying positions on considering absent class members as “parties” for discovery; the discovery to request; strategies to leverage evidence obtained during certification, settlement, and trial; and other areas of topic interest. The panel’s presentation was followed by a Q&A discussion.


      "Coronavirus Business Interruption Insurance Class Action Lawsuits: Coverage and Certification Issues," a webinar hosted by Perrin Conferences. (5/21/2020)
      • » more info

        • Coronavirus Business Interruption Insurance Class Action Lawsuits: Coverage and Certification Issues

        "Coronavirus Business Interruption Insurance Class Action Lawsuits: Coverage and Certification Issues," presented by Wystan M. Ackerman, a webinar hosted by Perrin Conferences. (5/21/2020)

        Insurance + Reinsurance Group member Wystan Ackerman was a featured panelist on the webinar, "Coronavirus Business Interruption Insurance Class Action Lawsuits: Coverage and Certification Issues" hosted by Perrin Conferences on May 21, 2020. Discussion topics included: insurance coverage issues raised by policyholders seeking business interruption coverage in class actions, what a class action is and what the benefits and limitations of class actions under Rule 23 are, the types of class actions that have been filed seeking business interruption coverage arising from COVID-19, how classes are certified and what are the issues courts consider in determining whether to certify classes, and how the courts are currently managing class actions.


      "Business Interruption Insurance Coverage and the COVID-19 Crisis: An Examination," co-presented with Gregory P. Varga, Gerald P. Dwyer Jr. and Raymond T. DeMeo, the first in a series of webinars designed to explore critical coverage and loss measurement issues that are expected to emerge from COVID-19-related business interruption claims. (3/26/2020)
      • » more info

        • Business Interruption Insurance Coverage and the COVID-19 Crisis: An Examination

        "Business Interruption Insurance Coverage and the COVID-19 Crisis: An Examination," co-presented by Gregory P. Varga, Gerald P. Dwyer Jr., Raymond T. DeMeo and Wystan M. Ackerman, the first in a series of webinars designed to explore critical coverage and loss measurement issues that are expected to emerge from COVID-19-related business interruption claims. (3/26/2020)

        Insurance + Reinsurance Group chair, Greg Varga, moderated the interactive webinar discussion “Business Interruption Insurance Coverage and the COVID-19 Crisis: An Examination” on March 26, 2020. I+R Group members Wystan Ackerman, Ray DeMeo and Kip Dwyer also participated in this first in a series of webinars designed to explore critical coverage and loss measurement issues that are expected to emerge from COVID-19-related business interruption claims.

        As the widespread economic impacts of the novel coronavirus come into focus, businesses in the United States and around the world are looking to business interruption insurance for relief from losses associated with social distancing, supply chain disruption, and decreased demand for goods and services. Simultaneously, politicians and government agencies are pressuring the insurance industry to provide relief, in spite of exclusions and other policy provisions that generally bar coverage. The program examined whether the presence of COVID-19 constitutes “direct physical loss;” the effect of COVID-19 on the “period of restoration” of existing property claims; the applicability of Civil Authority and Contingent Business Income coverage to the claims arising from the novel coronavirus; and how labor shortages and supply chain disruptions may affect the period of restoration of existing claims caused by perils unrelated to the virus. This series is designed for insurance executives, experienced claim professionals and in-house counsel. 


      "Blurred Lines: Construction Defect and Ensuing Loss," panelist for program presented during the DRI Complex Coverage Forum (11/6/2019)
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        • Blurred Lines: Construction Defect and Ensuing Loss

        "Blurred Lines: Construction Defect and Ensuing Loss," presented by Wystan M. Ackerman, panelist for program presented during the DRI Complex Coverage Forum (11/6/2019)

        Attempting to determine what is an excluded construction defect and a covered ensuring loss presents a number of new and complex challenges. Wystan was among the panel of industry professionals and outside counsel that provided an overview of the process.


      "Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants," live CLE webinar, presented by by Strafford (12/11/2018)
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        • Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants

        "Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants," presented by Wystan M. Ackerman, live CLE webinar, presented by by Strafford (12/11/2018)

        The CLE webinar focused on the standards for injunctive classes and covered recent judicial decisions. The program also offered strategies for approaching Rule 23(b)(2) class actions from both the plaintiff and defense perspective.


      "Judicial Scrutiny of Class Action Settlements: New Standards and Ensuring Timely Release of Attorney's Fees," panelist for CLE webinar, presented by Strafford (10/9/2018)
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        • Judicial Scrutiny of Class Action Settlements: New Standards and Ensuring Timely Release of Attorney's Fees

        "Judicial Scrutiny of Class Action Settlements: New Standards and Ensuring Timely Release of Attorney's Fees," presented by Wystan M. Ackerman, panelist for CLE webinar, presented by Strafford (10/9/2018)

        Presented by Strafford, the CLE webinar focused on recent trends in class action settlements at the preliminary approval, final approval, and new post-final approval stage. Panelists covered this new trend and offered insight on how judges are intervening to ensure that class action settlements are paid out in a fair and timely manner.


      "Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies," panelist for CLE webinar, presented by Strafford (9/26/2018)
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        • Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies

        "Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies," presented by Wystan M. Ackerman, panelist for CLE webinar, presented by Strafford (9/26/2018)

        The CLE webinar covered the issue of personal jurisdiction over corporate defendants in the wake of the Supreme Court’s 2017 Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell rulings. The program reviewed the progression of the Court’s prior decisions on corporate jurisdiction, lower court decisions issued since the BMS/BNSF rulings, and key unresolved legal issues in the year following the BMS decision.


      "Defending Class Actions Using Absent Class Member Discovery," panelist for live CLE webinar, presented by Strafford (5/30/2018)
      • » more info

        • Defending Class Actions Using Absent Class Member Discovery

        "Defending Class Actions Using Absent Class Member Discovery," presented by Wystan M. Ackerman, panelist for live CLE webinar, presented by Strafford (5/30/2018)

        Presented by Strafford, the live CLE webinar prepared defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. Mr. Ackerman was among the panelists that covered the courts’ varying positions on permitting absent class member discovery, when to request discovery from putative class members, the type of discovery to request, how many absent class members to seek out for discovery, and strategies to leverage evidence obtained during certification, settlement, and trial.


      "Effectively Mediating Class Actions," panelist for live audio call-in program presented by the American Bar Association (ABA) Section of Litigation (5/17/2018)
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        • Effectively Mediating Class Actions

        "Effectively Mediating Class Actions," presented by Wystan M. Ackerman, panelist for live audio call-in program presented by the American Bar Association (ABA) Section of Litigation (5/17/2018)

        The live audio call-in program was presented by the American Bar Association (ABA) Section of Litigation Class Actions and Derivative Suits & Alternative Dispute Resolution Committees. Mediation is an increasingly popular alternative dispute resolution mechanism, and class actions are no exception. However, they involve different considerations than a typical mediation. The one-hour, roundtable discussion featured experienced practitioners who offered strategies, tips, and suggestions on how to effectively mediate a class action.


      "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai," faculty panelist for Strafford CLE webinar (5/1/2018)
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        • Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai

        "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai," presented by Wystan M. Ackerman, faculty panelist for Strafford CLE webinar (5/1/2018)

        The CLE webinar examined new challenges facing class counsel in certifying a nationwide class, following the Ninth Circuit’s decision in In Re Hyundai and Kia Fuel Econ. Litig., which vacated and remanded a district court order certifying a nationwide settlement class. The decision significantly impacts the framework for presenting nationwide and consumer protection class action settlements. The panel looked at the scope and impact of the decision and discussed best practices for counsel to challenge or overcome nationwide class certification challenges. Post-Hyundai, class counsel should prepare for district courts to carefully scrutinize whether the predominance and superiority requirements of Rule 23(b)(3) are satisfied, even where certification is not opposed. Additionally, Hyundai strengthens a defense counsel’s position challenging certification under Rule 23(b)(3). The panel also discussed the implications of the decision for parties seeking to settle state law disputes nationwide on a class-wide basis.


      "Business Interruption Claims Arising from Catastrophes," co-presented with Eugene P. Murphy and Daniel F. Sullivan, webinar (3/22/2018)
      • » more info

        • Business Interruption Claims Arising from Catastrophes

        "Business Interruption Claims Arising from Catastrophes," co-presented by Eugene P. Murphy, Daniel F. Sullivan and Wystan M. Ackerman, webinar (3/22/2018)

        The webinar covered the central issues associated with business interruption claims arising from catastrophes such as Hurricanes Harvey, Irma, and Maria. Mr. Ackerman, Mr. Murphy, and Mr. Sullivan discussed period of restoration issues, separating covered vs. uncovered losses, loss measurement issues, contingent business interruption coverage, utility service interruption coverage, and civil authority coverage.


      "Property Insurance: What you need to know but were a bit too timid to ask – The Basics and Recent Developments," Co-presented by the Connecticut Bar Association’s Insurance Law Section and Real Property Section (2/22/2018)
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        • Property Insurance: What you need to know but were a bit too timid to ask – The Basics and Recent Developments

        "Property Insurance: What you need to know but were a bit too timid to ask – The Basics and Recent Developments," presented by Wystan M. Ackerman, Co-presented by the Connecticut Bar Association’s Insurance Law Section and Real Property Section (2/22/2018)

        The CLE program offered insight on what property insurance commonly covers, what it doesn’t cover, and how the most recent battles between policyholders and insurers have been resolved. Mr. Ackerman also addressed common provisions that can add to a policy’s protections – such as business interruption coverage – and common exclusions that limit coverage. The panel concluded with a review of recent case law addressing property policy disputes and the issues that may be addressed by the Connecticut appellate courts in the coming year.


      "Business Interruption Issues Arising from Hurricanes," co-presented with Stephen E. Goldman, Eugene P. Murphy and Daniel F. Sullivan, at in-house presentation to 60 in-house lawyers and claim adjusters in New York, New York. (11/14/2017)

      "Homeowner Claims: Covered & Excluded Causes of Loss," at the Hurricane Claims Forum in Orlando, Florida (11/3/2017)
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        • Homeowner Claims: Covered & Excluded Causes of Loss

        "Homeowner Claims: Covered & Excluded Causes of Loss," presented by Wystan M. Ackerman, at the Hurricane Claims Forum in Orlando, Florida (11/3/2017)

        The session addressed the various issues faced by homeowners and insurers, including wind versus flood determinations and methodologies, distinguishing storm damage from preexisiting damage, and how to deal with long-term damage.


      "Insurance Law Developments," at the PCI Northeast General Counsel Seminar, sponsored by the Property Casualty Insurers Association of America (9/19/2017)
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        • Insurance Law Developments

        "Insurance Law Developments," presented by Wystan M. Ackerman, at the PCI Northeast General Counsel Seminar, sponsored by the Property Casualty Insurers Association of America (9/19/2017)

        Mr. Ackerman’s portion of the presentation focused on recent developments in class action litigation against insurers, including cases involving depreciation of labor costs, depreciation in California, application of deductibles, diminution in value on property insurance claims, Connecticut faulty concrete foundation litigation, and auto insurance cases involving the Medicare Secondary Payer Act.


      "What’s All of This Insurance Good For?" at Corporate Counsel Symposium of Federation of Defense and Corporate Counsel, panel member (9/18/2014)

      "Supreme Court Practice," at Federation of Defense and Corporate Counsel Annual Meeting, co-presented with Meloney Perry and Joseph Babbington (7/31/2014)

      "21st Century Practice of Law," at Federation of Defense and Corporate Counsel Annual Meeting, panel membe (7/29/2014)

      "Judicial Management: New York and New Jersey," at HarrisMartin Superstorm Sandy Insurance Coverage Litigation Conference, panel moderator (5/9/2014)

      "First Party Property Insurance," at Connecticut Bar Association CLE Program (1/23/2014)

      "The Class Action Fairness Act and Federal Jurisdiction," at CLE International Class Action Seminar, panel member (10/4/2013)

      "Turning New Guns on Old Targets: Class Actions Against Insurance Companies," at Federation of Defense and Corporate Counsel Annual Meeting, panel member (8/2/2013)

      "Causation: How to Determine What Caused a Property Loss," at Thomson Reuters Webinar, co-presented with Jay M. Levin (7/16/2013)

      "Flood vs. Wind: Coverage Issues Following Superstorm Sandy," at HarrisMartin Superstorm Sandy Insurance Coverage Litigation Conference, panel member (6/26/2013)

      "Class Action Settlement Structures," at Federation of Defense and Corporate Counsel Winter Meeting, co-presented with Christopher DePhillips, Tiffaney Janowicz, and Joel Fineberg (3/6/2013)

      "Class Actions and Bundled Coverage Actions," at HarrisMartin Litigation Conference on Storm Sandy, co-presented with Seth A. Schmeeckle and Richard L. Fenton (2/26/2013)

      "Superstorm Sandy: Causes of Loss — Key Issues," at HB Litigation Conference, New York, NY, co-presented with Jan Larson (12/12/2012)

      "Class Actions on Insurance Coverage Issues," at American Bar Association's Litigation Section, Insurance Coverage Litigation Committee, CLE Seminar, co-presented with Raoul Cantero, Jeff Leon, and Barbara Frederick (3/2/2012)

      "The Supreme Court's 2011 Class Action Decisions: How Will They Impact the Insurance Industry," presented to insurance industry association (7/2011)

      "Business Interruption Claims Arising out of the Earthquake and Tsunami in Japan," presented to an insurance industry association (4/2011)

      "Insurance Coverage Class Actions," at American Bar Association's Tort Trial and Insurance Practice Section, Insurance Coverage Litigation Committee Midyear Meeting (2/2011)

      "Business Interruption Insurance," at Connecticut Bar Association, Insurance Section meeting (1/2010)

      "Property Coverage Legal Update: Hurricane Katrina Litigation," at New England Claims Executives Association, co-presented with Gregory P. Varga (2/12/2008)

      "Recent Changes and Emerging Issues in Homeowners' Insurance Policy Forms," at Annual CLE Program of the Property Insurance Law Committee of the American Bar Association's Tort Trial & Insurance Practice Section (4/2006)

    • News

      R+C in the News

      • March 6, 2023

        Robinson+Cole Lawyers, Firm Receive “Top” Honors in JD Supra’s 2023 Readers’ Choice Awards

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          Robinson+Cole Lawyers, Firm Receive “Top” Honors in JD Supra’s 2023 Readers’ Choice Awards

          JD Supra’s 2023 Readers’ Choice Awards have recognized Data Privacy + Cybersecurity Team lawyers Linn F. Freedman and Kathryn M. Rattigan as well as Class Action Defense Team chair Wystan M. Ackerman and Construction Law Group lawyer William S. Wilson II as "Top Authors." They were selected for their excellence from among more than 70,000 professionals whose 2022 published insights and commentary were read by C-suite executives, in-house counsel, media, and others across many industries highlighted on the JD Supra platform and who are interested in the defining topics impacting business today.

          Linn was announced as the #1 author in the area of Cybersecurity for the eighth consecutive year. She is the chair of the firm's Data Privacy + Cybersecurity Team and editor of the Data Privacy + Cybersecurity Insider blog. Kathryn was also named a Top Author in the area of Cybersecurity for a third time and is a regular author on the Data Privacy + Cybersecurity Insider blog. Additionally, Robinson+Cole was once again recognized as a Top Firm in the area of Cybersecurity.

          Wystan is editor of the firm’s Class Actions Insider blog and was recognized as a Top Author in the area of class action. Bill is regular contributor to the firm's Construction Law Zone blog and received a "top" designation in the area of construction. 

          The Readers’ Choice Awards acknowledge authors for “their visibility and thought leadership” as well as consistently high readership for all of 2022 in covering 31 key, cross-industry topics (10 authors per category) chosen for their timeliness as well as their proven, ongoing importance. Firms are highlighted “for their visibility and engagement” in the 31 topic areas covered by the awards (one firm per category). The Awards reflect a deep dive into JD Supra’s 2022 readership data.

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      • April 5, 2022

        Wystan Ackerman Authors Practical Law Article on “Certification of Legal Questions to State Courts”

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          Wystan Ackerman Authors Practical Law Article on “Certification of Legal Questions to State Courts”

          Class Action Team chair, Wystan Ackerman, authored the article “Certification of Legal Questions to State Courts,” published in the Spring 2022 issue of Practical Law The Journal, which covers current developments in litigation practice and procedure. Many states allow federal courts to certify a question to the state’s highest court when faced with a significant but unsettled question of state law, which affords the benefits of upholding principles of comity and increasing efficiency in the judicial process. However, while certification empowers those courts to provide an authoritative ruling on key state law issues, it is neither appropriate nor advantageous to seek certification in every case. In the Q&A-format article, Wystan explains the certification process, highlighting the procedure and practical considerations for parties seeking to obtain or prevent certification, and addresses the standard federal courts typically apply when considering an application to certify question to a state court, and the types of questions that are most – and least – appropriate for certification. Read the full article.

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      • February 10, 2021

        Wystan Ackerman Selected to Draft Class Action Best Practices for GWU Law School Group

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          Wystan Ackerman Selected to Draft Class Action Best Practices for GWU Law School Group

          Class Action Team Chair Wystan M. Ackerman has been selected as a representative of the Federation of Defense and Corporate Counsel (FDCC) to participate in drafting best practices to improve the administration of justice in class actions as part of a group organized by the George Washington University Law School Humphreys Complex Litigation Center. Wystan will participate on the team addressing appellate summary affirmance of objector appeals and a checklist for judges approving class-action settlements. The best practices are expected to be reviewed during the Center's second annual class-action conference in November. New best practices will be added annually during subsequent conferences. The best practices will be posted on the Center’s website and will become the first chapter of a compendium of class action best practices. 

      • July 16, 2020

        Wystan Ackerman Quoted in Claims Journal Article on Federal Appellate Court Ruling Affirming Class Action Lawsuit Against State Farm Fire and Casualty Insurance Co.

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          Wystan Ackerman Quoted in Claims Journal Article on Federal Appellate Court Ruling Affirming Class Action Lawsuit Against State Farm Fire and Casualty Insurance Co.

          Class Actions Team Chair Wystan M. Ackerman was quoted in the article “6th Circuit Approves Class Action for Ky. Underpayments by State Farm” published in the Claims Journal on July 14, 2020. The article focuses on a district court ruling that was affirmed by a 6th Circuit Court of Appeals panel certifying a class of plaintiffs who may proceed with breach-of contract claims against State Farm Fire and Casualty Insurance Co. for including labor costs when calculating depreciation to determine a property’s actual cash value under Kentucky law. “Wystan M. Ackerman, with the Robinson & Cole law firm in Hartford, Connecticut, filed an amicus brief supporting State Farm’s position on behalf of the American Property and Casualty Insurance Association. He said state laws are not consistent on the issue of whether labor cost depreciation can be used when calculating actual cash value.” Read the full article.

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      • June 28, 2019

        Robinson+Cole achieves favorable decision for our client Sentinel Insurance Co. Ltd., a Hartford Insurance company

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          Robinson+Cole achieves favorable decision for our client Sentinel Insurance Co. Ltd., a Hartford Insurance company

          R+C was pleased to assist our client Sentinel Insurance Co. Ltd., a Hartford Insurance company, in achieving a favorable decision in the New York Appellate Division, First Department, and subsequently defending that appellate outcome in the trial court. Read the article here.

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      • December 14, 2018

        Wystan Ackerman Presents Program on Rule 23(b)(2) Injunctive Relief Class Actions

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          Wystan Ackerman Presents Program on Rule 23(b)(2) Injunctive Relief Class Actions

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman presented a program entitled “Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants” on December 11, 2018. Presented by Strafford, the CLE webinar focused on the standards for injunctive classes and covered recent judicial decisions. The program also offered strategies for approaching Rule 23(b)(2) class actions from both the plaintiff and defense perspective.

      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          51 Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2018. In addition, 32 attorneys at the firm were recognized as “Rising Stars.” The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. View the list of recognized attorneys and their areas of practice.

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      • October 16, 2018

        Wystan Ackerman Presents Program on the Judicial Scrutiny of Class Action Settlements

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          Wystan Ackerman Presents Program on the Judicial Scrutiny of Class Action Settlements

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman was among the panelists that presented during a program on the “Judicial Scrutiny of Class Action Settlements: New Standards and Ensuring Timely Release of Attorney's Fees” on October 9, 2018. Presented by Strafford, the CLE webinar focused on recent trends in class action settlements at the preliminary approval, final approval, and new post-final approval stage. Panelists covered this new trend and offered insight on how judges are intervening to ensure that class action settlements are paid out in a fair and timely manner.

      • October 8, 2018

        Wystan Ackerman Presents Program on Personal Jurisdiction After Bristol-Myers Squibb

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          Wystan Ackerman Presents Program on Personal Jurisdiction After Bristol-Myers Squibb

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman was among the speakers that presented during a program on “Personal Jurisdiction After Bristol-Myers Squibb: Unresolved Issues, Shifting Plaintiff Strategies” on September 26, 2018. Presented by Strafford, the CLE webinar covered the issue of personal jurisdiction over corporate defendants in the wake of the Supreme Court’s 2017 Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell rulings. The program reviewed the progression of the Court’s prior decisions on corporate jurisdiction, lower court decisions issued since the BMS/BNSF rulings, and key unresolved legal issues in the year following the BMS decision.

      • September 27, 2018

        Wystan Ackerman Quoted in Big Law Business Article on Nationwide Class Actions

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          Wystan Ackerman Quoted in Big Law Business Article on Nationwide Class Actions

          Class Action Team lawyer Wystan M. Ackerman was quoted in the article “Hyundai Fuel Economy Case Puts Nationwide Class Suits in Peril,” published in the class actions section of Bloomberg Law’s Big Law Business on September 26, 2018. The article covers a September 27, 2018 argument being heard by the U.S. Court of Appeals for the Ninth Circuit. “At issue is a split three-judge panel ruling of the Ninth Circuit that rejected the Hyundai settlement Jan. 23, holding that a nationwide class of car owners shouldn’t have been certified for settlement purposes because of varying state consumer laws.” “Nationwide class actions are on the line if [the court] rejects a settlement among Hyundai Motor America, Kia Motor America Inc., and car owners over allegedly false statements about some cars’ fuel efficiencies.” Wystan commented that parties will have to do significantly more work at the trial court level if the full court rules as the panel did. "Class actions may have to be restructured, he said, and the parties may have to do more research and submit more court filings, which raises costs." Read the full article.

      • June 8, 2018

        Wystan Ackerman Participates in Panel Discussion on Defending Class Actions

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          Wystan Ackerman Participates in Panel Discussion on Defending Class Actions

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman participated in a panel discussion on “Defending Class Actions Using Absent Class Member Discovery” on May 30, 2018. Presented by Strafford, the live CLE webinar prepared defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. Mr. Ackerman was among the panelists that covered the courts’ varying positions on permitting absent class member discovery, when to request discovery from putative class members, the type of discovery to request, how many absent class members to seek out for discovery, and strategies to leverage evidence obtained during certification, settlement, and trial.

      • May 25, 2018

        Wystan Ackerman Offers Insights on Mediating Class Actions

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          Wystan Ackerman Offers Insights on Mediating Class Actions

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman participated in a program on “Effectively Mediating Class Actions” on May 17, 2018. The live audio call-in program was presented by the American Bar Association (ABA) Section of Litigation Class Actions and Derivative Suits & Alternative Dispute Resolution Committees. Mediation is an increasingly popular alternative dispute resolution mechanism, and class actions are no exception. However, they involve different considerations than a typical mediation. The one-hour, roundtable discussion featured experienced practitioners who offered strategies, tips, and suggestions on how to effectively mediate a class action.

      • May 17, 2018

        Wystan Ackerman Participates in CLE Webinar Discussion on Class Certification

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          Wystan Ackerman Participates in CLE Webinar Discussion on Class Certification

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman was among the faculty panelists participating in a webinar on "Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai" on May 1, 2018. The CLE webinar examined new challenges facing class counsel in certifying a nationwide class, following the Ninth Circuit’s decision in In Re Hyundai and Kia Fuel Econ. Litig., which vacated and remanded a district court order certifying a nationwide settlement class. The decision significantly impacts the framework for presenting nationwide and consumer protection class action settlements. The panel looked at the scope and impact of the decision and discussed best practices for counsel to challenge or overcome nationwide class certification challenges. Post-Hyundai, class counsel should prepare for district courts to carefully scrutinize whether the predominance and superiority requirements of Rule 23(b)(3) are satisfied, even where certification is not opposed. Additionally, Hyundai strengthens a defense counsel’s position challenging certification under Rule 23(b)(3). The panel also discussed the implications of the decision for parties seeking to settle state law disputes nationwide on a class-wide basis.

      • April 13, 2018

        Wystan Ackerman, Gene Murphy, and Dan Sullivan Present Webinar on Business Interruption Claims Arising from Catastrophes

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          Wystan Ackerman, Gene Murphy, and Dan Sullivan Present Webinar on Business Interruption Claims Arising from Catastrophes

          Insurance + Reinsurance Group lawyers Wystan M. Ackerman, Eugene P. Murphy, and Daniel F. Sullivan presented a webinar on “Business Interruption Claims Arising from Catastrophes” on March 22, 2018. The webinar covered the central issues associated with business interruption claims arising from catastrophes such as Hurricanes Harvey, Irma, and Maria. Mr. Ackerman, Mr. Murphy, and Mr. Sullivan discussed period of restoration issues, separating covered vs. uncovered losses, loss measurement issues, contingent business interruption coverage, utility service interruption coverage, and civil authority coverage.

      • March 26, 2018

        Robinson+Cole Receives “Top” Honors in JD Supra’s 2018 Readers’ Choice Awards

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          Robinson+Cole Receives “Top” Honors in JD Supra’s 2018 Readers’ Choice Awards

          JD Supra has recognized Insurance + Reinsurance Group lawyer Wystan M. Ackerman and Data Privacy + Cybersecurity Team Lawyers Linn F. Freedman and Kathryn M. Rattigan in its 2018 Readers’ Choice Awards. Mr. Ackerman is editor of the firm’s Class Actions Insider blog and was recognized as a Top Author in the area of class action. Ms. Freedman is the editor of the firm’s Data Privacy + Security Insider blog and was recognized as the #1 author in the area of cybersecurity. Ms. Rattigan also contributes to the firm’s Data Privacy + Security Insider blog and was recognized as the #1 author in the area of airlines/aviation. In addition, Robinson+Cole was recognized as the Top Firm on the subjects of cybersecurity and airlines/aviation. The Readers’ Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2017.

      • March 12, 2018

        Wystan Ackerman Co-presents on Property Insurance During CBA CLE Seminar

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          Wystan Ackerman Co-presents on Property Insurance During CBA CLE Seminar

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman co-presented the program “Property Insurance: What you need to know but were a bit too timid to ask – The Basics and Recent Developments” on February 22, 2018 at the CBA Law Center in New Britain, Connecticut. Co-presented by the Connecticut Bar Association’s Insurance Law Section and Real Property Section, the CLE program offered insight on what property insurance commonly covers, what it doesn’t cover, and how the most recent battles between policyholders and insurers have been resolved. Mr. Ackerman also addressed common provisions that can add to a policy’s protections – such as business interruption coverage – and common exclusions that limit coverage. The panel concluded with a review of recent case law addressing property policy disputes and the issues that may be addressed by the Connecticut appellate courts in the coming year.

      • November 13, 2017

        Robinson+Cole Lawyers Present at Hurricane Claims Forum

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          Robinson+Cole Lawyers Present at Hurricane Claims Forum

          Insurance + Reinsurance Group lawyers Wystan M. Ackerman and Gregory P. Varga spoke at the Hurricane Claims Forum in Orlando, Florida, on November 3, 2017. The forum focused on topics of interest to insurance companies, reinsurers, insurance coverage counsel, policyholder counsel, and those providing services to the insurance and legal industry, especially in light of the recent devastating Atlantic hurricane season. Mr. Ackerman participated in the panel discussion "Homeowner Claims: Covered & Excluded Causes of Loss," which addressed the various issues faced by homeowners and insurers, including wind versus flood determinations and methodologies, distinguishing storm damage from preexisiting damage, and how to deal with long-term damage. Mr. Varga presented in the session on "Commercial Claims: Business Interruption, Lost Profits & More," which explored property damage and business interruption losses, including contingent business interruption coverage, determining lost profits using loss calculation methodologies, and losses triggered by supply chain disruptions. 

      • September 28, 2017

        Wystan Ackerman Serves on Panel for the Northeast General Counsel Seminar

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          Wystan Ackerman Serves on Panel for the Northeast General Counsel Seminar

          Insurance + Reinsurance Group lawyer Wystan M. Ackerman presented at the PCI Northeast General Counsel Seminar, sponsored by the Property Casualty Insurers Association of America, on September 19, 2017, in Philadelphia. Along with his fellow panelists, he reported on the latest "Insurance Law Developments." Mr. Ackerman’s portion of the presentation focused on recent developments in class action litigation against insurers, including cases involving depreciation of labor costs, depreciation in California, application of deductibles, diminution in value on property insurance claims, Connecticut faulty concrete foundation litigation, and auto insurance cases involving the Medicare Secondary Payer Act.

      • March 7, 2017

        Five Robinson+Cole Lawyers Selected as James W. Cooper Fellows of the Connecticut Bar Foundation

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          Five Robinson+Cole Lawyers Selected as James W. Cooper Fellows of the Connecticut Bar Foundation

          The Connecticut Bar Foundation has elected Robinson+Cole lawyers Wystan M. Ackerman, Bradford S. Babbitt, Christine E. Bromberg, Nuala E. Droney, and Gerald P. Dwyer Jr. as 2017 Fellows of the James W. Cooper Fellows Program. The program was established to honor the leading members of the legal profession and the judiciary in Connecticut, to promote a better understanding of the legal profession and the judicial system, and to explore ways to improve the profession and the administration of justice in Connecticut. Membership in the Fellows is by invitation only and is evidence of professional distinction. Sixty-three Fellows were elected this year and will be honored at the James W. Cooper Fellows Reception at The Hartford Club on April 25, 2017.

      • March 15, 2016

        Robinson+Cole Lawyers Recognized in JD Supra’s 2016 Readers Choice Awards

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          Robinson+Cole Lawyers Recognized in JD Supra’s 2016 Readers Choice Awards

          Congratulations to our authors recognized in JD Supra's 2016 Readers' Choice Awards. Wystan M. Ackerman, Linn Foster Freedman, Andrea Donovan Napp, and Kathryn M. Rattigan are among 200 JD Supra authors recognized as JD Supra Top Authors in this inaugural award. The top authors were selected from among more than 34,000 writers publishing on JD Supra in 2015 for their excellent visibility and engagement with readers in a specific industry (16 industries represented) or for thought leadership covering a key, cross-industry topic (10 represented). Following are their areas of recognition.

          • Linn Freedman - a Top Author with readers in the retail, insurance, healthcare, defense & space, and automotive industries, as well as a Top Author on the subjects of cybersecurity and class action defense. Additionally, her article "FBI warns of continued use of Cryptowall ransomware schemes" is noted as one of the most popular cybersecurity articles in 2015; her article "Privacy Tip #10 – What are digital assets and why should I care?" was one of the most popular estate planning articles; and her article "Uber class action case hits roadblock" was one of the most popular class action defense articles.
          • Wystan Ackerman - a Top Author on the subject of class action defense.
          • Andrea Napp - a Top Author on the subject of electronic discovery.
          • Kathryn Rattigan - a Top Author with readers in the airline & aviation industry.
      • April 17, 2015

        Wystan Ackerman Addresses Insurance Class Actions in Law360 Article

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          Wystan Ackerman Addresses Insurance Class Actions in Law360 Article

          Insurance litigation lawyer Wystan M. Ackerman's article "The Next Big Wave of Insurance Class Actions" was published in Law360 on April 13, 2015. In the article, Mr. Ackerman discusses whether an insurer may apply depreciation to the labor component of the replacement cost estimate. Specifically, he examines the labor depreciation issue, recent decisions, and the next moves. Please click here to read the full article.
          Mr. Ackerman chairs Robinson+Cole's Class Action Team and writes the blog Insurance Class Actions Insider. Law360 is a newswire for business lawyers and other professionals that provides coverage of breaking news and legal developments.

      • May 14, 2014

        Robinson+Cole's Appellate Group Wins Connecticut Law Tribune's Litigation Department of the Year Award

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          Robinson+Cole's Appellate Group Wins Connecticut Law Tribune's Litigation Department of the Year Award

          The Connecticut Law Tribune recently honored Robinson+Cole's Appellate Group with its 2014 Litigation Department of the Year Award in the Appellate category. The recognition is a result of a group that has worked together as a team, showcased its depth of experience, and broadened its client base. In fact, the Appellate Team has nationwide experience, handling cases throughout the country.


           

      • January 2, 2014

        Robinson+Cole's Business Litigation Group Receives Top Ranking in Benchmark Litigation 2014

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          Robinson+Cole's Business Litigation Group Receives Top Ranking in Benchmark Litigation 2014

          Robinson+Cole's Business Litigation Group was ranked as "highly recommended" in Connecticut in Benchmark Litigation 2014. The publication also recognized individually six of the firm's lawyers: Bradford S. Babbitt, Joseph L. Clasen, Linda L. Morkan, Craig A. Raabe, and James A. Wade as "local litigation stars" and Wystan M. Ackerman as a "future star."

          Benchmark results are based on comprehensive interviews with litigators and their clients. Highly recommended firms receive the most mentions by peers and clients and are held as dominate in their particular jurisdiction. Local litigation stars are selected based on being consistently recommended as reputable and effective litigators by peers and clients. Future stars are selected based on being consistently referenced by peers and clients as litigators likely to become local litigation stars in future publications of Benchmark Litigation.

      • March 21, 2013

        U.S. Supreme Court Decision in Standard Fire Insurance Company v. Knowles, A Class Action Fairness Act Case

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          U.S. Supreme Court Decision in Standard Fire Insurance Company v. Knowles, A Class Action Fairness Act Case

          On March 19, 2013, the United States Supreme Court issued its opinion in The Standard Fire Insurance Company v. Knowles, No. 11-1450. This is the first case that the U.S. Supreme Court has reviewed involving the Class Action Fairness Act of 2005 (CAFA). In a unanimous opinion authored by Justice Breyer the Court overturned the district court’s decision remanding a putative class action to state court. The Court held that a stipulation filed by the named plaintiff together with the complaint, concerning the amount in controversy under CAFA, must be ignored. The Court explained, among other things, that the named plaintiff had no right to bind the absent members of the proposed class at the time suit was filed, and jurisdiction must be determined as of the time of filing.

          In Knowles, the federal district court had found the plaintiff’s stipulation was enforceable and remanded the case to state court. The U.S. Court of Appeals for the Eighth Circuit denied the petition for permission to appeal under CAFA, and denied rehearing en banc. In August of 2012, the Supreme Court granted the petition for certiorari. Stephen E. Goldman and Wystan M. Ackerman of Robinson & Cole were lead counsel on the successful petition for certiorari and co-counsel on the merits.

          DISCLAIMER: Please understand that every case is different and the result achieved in the case described above may differ from the result in some other case, which may involve different facts, different applicable law or a different jurisdiction. Past results do not guarantee future results, and you should always consult your own lawyer about your own case.
      • February 12, 2013

        Robinson & Cole’s Appellate Group Receives Top Rankings in National Publication

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          Robinson & Cole’s Appellate Group Receives Top Rankings in National Publication

          Robinson & Cole’s Appellate Group was named in the 2013 publication Benchmark Appellate as a “highly recommended” Second Circuit litigation firm in Connecticut. In addition, Wystan M. Ackerman, Linda L. Morkan, and Jeffrey J. White were named Second Circuit Litigation Stars in Connecticut. Robinson & Cole was one of only two firms in Connecticut to have three appellate attorneys achieve this prestigious ranking. Ranked firms and attorneys are selected by consistently being mentioned by their peers and clients as being dominant in their respective jurisdictions during a six-month research period.
      • December 10, 2012

        Wystan Ackerman, Ed Heath, and Jeff White are New Leaders in the Law

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          Wystan Ackerman, Ed Heath, and Jeff White are New Leaders in the Law

          The Connecticut Law Tribune honored three litigation partners - Wystan M. Ackerman, Edward J. Heath, and Jeffrey J. White - among 60 attorneys, all under age 40, as New Leaders in the Law. The Connecticut Law Tribune recognized the attorneys in the New Leaders in the Law 2012 yearbook, published November 5, and at an awards dinner on November 9 at the Bond Ballroom in downtown Hartford. Fellow attorney and Connecticut Governor Dannel P. Malloy spoke at the ceremony. The Connecticut Law Tribune received more than 200 award nominations.
      • June 28, 2012

        Wystan Ackerman Analyzes Georgia Supreme Court Ruling in Law360 Story

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          Wystan Ackerman Analyzes Georgia Supreme Court Ruling in Law360 Story

          Law360 quoted litigation partner Wystan M. Ackerman in the story “Property Value Losses Can Be Covered, Ga. High Court Says,” published on June 7, 2012.

          The Georgia Supreme Court ruled on May 29, 2012, that its 2007 decision in State Farm Mutual Auto Insurance Co. v. Mabry, which held that insurers can be required to pay for intangible loss in value of a damaged automobile, in addition to the cost of repairs, also potentially can apply to property insurance, such that insurers may be required to pay for intangible diminution in value of repaired buildings under Georgia law. A motion for reconsideration of the decision is pending.

          Mr. Ackerman, who writes the blog Insurance Class Actions Insider, said the ruling was likely the first appellate decision in the country on the subject. "It is an issue that has been litigated in the context of auto insurance, but not property," he said.

          The Mabry ruling prompted class actions in Georgia and other jurisdictions. "There's a reasonable chance that plaintiffs' lawyers will try the same approach under homeowners' policies," Mr. Ackerman said. He also noted that plaintiffs might have trouble attaining class certification, because insurers could argue that each case should be considered on its own to determine whether there was a loss in value, and, if so, how much.

          Law360 is a newswire for business lawyers and other professionals providing coverage of breaking news and legal developments.
      • December 29, 2011

        Wystan Ackerman Authors Book Chapter on Defending Products Liability Class Actions

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          Wystan Ackerman Authors Book Chapter on Defending Products Liability Class Actions

          Litigation partner Wystan M. Ackerman has authored a chapter in the book Litigating Products Liability Class Actions: Leading Lawyers on Interpreting Recent Decisions, Assessing a Case’s Validity, and Preparing for Trial. The book is part of the “Inside the Minds” series published by Aspatore Press in November 2011. The chapter is “Recent Developments and Anticipated Trends in Defending Products Liability Class Actions.” Mr. Ackerman is chair of Robinson & Cole’s Class Action Team.
      • December 14, 2011

        “Insurance Class Actions Insider” Recognized as a Top Blawg

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          “Insurance Class Actions Insider” Recognized as a Top Blawg

          Wystan Ackerman’s blog “Insurance Class Actions Insider,” launched earlier this year, has been selected as a 2011 LexisNexis Top Blog for Insurance Law. Mr. Ackerman tracks and comments on decisions and developments affecting class actions insurance law in his blog. Top Blogs are selected by the Insurance Law Editor at LexisNexis in conjunction with the Insurance Advisory Board based on criteria that include writing style and depth of information provided for the insurance law community, including timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful links to other sites. Mr. Ackerman leads the Class Action Team at Robinson & Cole where he has a national practice that includes defending insurers in class actions and litigating high-profile coverage issues at the trial and appellate levels.
      • September 1, 2011

        In Wake of Hurricane Irene: Five Tips for Insurance Carriers

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          In Wake of Hurricane Irene: Five Tips for Insurance Carriers

          As insurers deploy their catastrophe teams and/or independent adjuster teams to handle claims in a region that has not been impacted by a hurricane in years, Wystan M. Ackerman offers advice on what claim executives and their counsel can do to manage these claims and minimize their potential class action exposure. Mr. Ackerman, chair of Robinson & Cole’s Class Action Team, spent several years defending insurance companies in lawsuits from hurricanes Katrina and Rita and the Florida hurricanes of 2004. He is national counsel for Fortune 100 insurance companies in class actions, complex coverage litigation, and appeals.

          To read Mr. Ackerman’s blog, visit Insurance Class Actions Insider.

      • May 9, 2011

        Insurance Class Actions Blog Analyzes Impact of Recent Supreme Court Cases

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          Insurance Class Actions Blog Analyzes Impact of Recent Supreme Court Cases

          Wystan Ackerman, chair of Robinson & Cole’s Class Action Practice Team, launched the blog Insurance Class Actions Insider (www.insuranceclassactions.com). Mr. Ackerman blogs about new developments in class actions brought against insurance companies and developments in class action law of interest to the insurance industry. The first posts include thoughts on how insurers may be affected by the trifecta of Supreme Court cases on class actions this year: the recent decision in AT&T Mobility v. Concepcion, the blockbuster class action case of Wal-Mart v. Dukes, and Smith v. Bayer Corp. He also comments on significant recent decisions in insurance class actions by the Seventh Circuit, Illinois Appellate Court and an Arkansas federal district court. The blog’s “Class Action Resources” area features links to key federal and state rules and statutes governing class actions and key case law.
      • March 3, 2011

        Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim

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          Robinson & Cole Amicus Brief Analyzes Controversial Loss of Consortium Claim

          Linda L. Morkan, chair of Robinson and Cole’s Appellate Practice Team, and Wystan M. Ackerman, a partner in the firm’s Insurance and Reinsurance Practice Group and member of the Appellate Practice Team, recently filed an amicus brief in the Connecticut Supreme Court on behalf of the Insurance Association of Connecticut, the National Association of Mutual Insurance Companies, and the American Insurance Association. The court had requested briefing from amici curiae after hearing oral argument in Voris v. Molinaro, which involves the question of whether a spouse is barred from asserting a loss of consortium claim where his wife had settled and released her associated claim for personal injuries. The issue is controversial with no clear majority among the state supreme courts. The plaintiff asked the Connecticut Supreme Court to set aside 30 years of precedent and adopt a new rule allowing loss of consortium claims to proceed independently. Robinson and Cole’s amicus brief analyzed the issue from the perspective of various jurisdictions and highlighted adverse consequences that a change in state law might have on the court system and the insurance market.
      • June 8, 2010

        Robinson & Cole Attorney Coauthors Article Published in American Bar Association Insurance Litigation Publication Coverage

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          Robinson & Cole Attorney Coauthors Article Published in American Bar Association Insurance Litigation Publication Coverage

          Insurance litigation partner Wystan M. Ackerman coauthored the article “Handling the Flood Coverage Litigation: Lessons Learned from Katrina” with Seth A. Schmeeckle, a partner at Lugenbuhl, Wheaton, Peck, Rankin & Hubbard. The article was published in the May/June issue of Coverage and discusses five key lessons learned through litigation from the aftermath of Hurricane Katrina. The discussions include points to consider when another disaster causes mass insurance claims, including, if appropriate: coordination and consolidation coverage litigation; determining if a judge might have a personal stake in the legal outcome of the issue being litigated because of his or her own personal insurance claim; obtaining informal discovery and hosting “settlement days” to resolve small claims more quickly; filing a motion to strike any coverage-related class action suits; and that insurers should be aware that any class action filed against them could result in tolling of the limitations period for thousands of policyholders. To read the full article, click here.
      • April 6, 2010

        Robinson & Cole Attorney Quoted in Hartford Business Journal on Recently Announced Southern Connecticut Bancorp, Inc. Merger

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          Robinson & Cole Attorney Quoted in Hartford Business Journal on Recently Announced Southern Connecticut Bancorp, Inc. Merger

          Wystan M. Ackerman, chair of Robinson & Cole's Class Action Team, was quoted in the article “Planned CT Bank Merger Stirs Search for Uneasy Investors,” published in the Hartford Business Journal. The article talks about Southern Connecticut Bancorp, Inc.’s recently announced merger and how four out-of-state law firms have announced that they are investigating potential class action claims against the board of directors in connection with this merger. Mr. Ackerman said, “Almost any time there is a merger between public companies, lawyers investigate and, in many instances, bring a lawsuit about the adequacy of the compensation provided to shareholders.” He goes on to say, however, “Almost all of these cases are dismissed, and attempts to get a court to [prohibit] the merger is denied.” In fact, Mr. Ackerman said that he is “not aware of any instance” where a Connecticut court barred a merger of a public company.
      • January 21, 2010

        Robinson & Cole Partner Participates as Panelist During Connecticut Bar Association Program on Business Interruption

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          Robinson & Cole Partner Participates as Panelist During Connecticut Bar Association Program on Business Interruption

          Insurance partner Wystan M. Ackerman was a panelist for a program, “Business Interruption Insurance Claims: The Need to Restore the Insured’s Business,” hosted by the Connecticut Bar Association Insurance Law and Litigation Sections. Mr. Ackerman addressed the determination of the period of restoration for business interruption claims.
      • November 12, 2008

        Robinson & Cole Announces New Partners

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          Robinson & Cole Announces New Partners

          Robinson & Cole is pleased to announce 3 new Partners in their Hartford, CT office: Wystan M. Ackerman of the Insurance and Reinsurance Practice Group, Michael J. Kolosky of the Business Litigation Practice Group, and Joshua S. Mirer of the Immigration Practice Group. Click here to view group photo.

      R+C News Releases

      • October 11, 2022

        Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

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          Robinson+Cole Lawyers Recognized in 2022 Super Lawyers®

          A total of 39 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2022. In addition, 30 attorneys at the firm were recognized as “Rising Stars.”

          Jeffrey J. White was named to the Top 50: 2022 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2022 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2022 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • September 30, 2022

        Robinson+Cole Recognized by Benchmark Litigation

      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

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          74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

          74 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2023. Of the 74 lawyers from across the firm’s practice groups and offices named to the list, 54 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law insurance law and construction litigation. Only the top 5.3 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

          Additionally, the following five lawyers were named the Best Lawyers® 2023 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Brian R. Smith in Land Use and Zoning Law, Christine E. Bromberg in Tax Law, James P. Ray in Litigation – Environmental, Joey Lee Miranda in Energy Regulatory Law, Norman H. Roos in Banking and Finance Law, Rachel V. Kushel in Employment Law – Management, Theodore J. Tucci in  Health Care Law and Virginia E. McGarrity – in Employee Benefits (ERISA) Law.

          The third edition of Best Lawyers: “Ones to Watch” was also released, includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

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      • October 14, 2021

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 42 Robinson+Cole attorneys were named to Super Lawyers® lists in the States of Connecticut, Delaware, Massachusetts, New York, Pennsylvania, and Rhode Island for 2021. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Bruce B. Barth and Jeffrey J. White were named to the Top 50: 2021 Connecticut Super Lawyers list. Linda L. Morkan appears on the Top 25: 2021 Women Connecticut Super Lawyers list and, similarly, Natalie D. Ramsey was included in the Top 50: 2021 Women Pennsylvania Super Lawyers list. Read more in the press release.

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      • October 7, 2021

        Robinson+Cole Recognized by Benchmark Litigation

      • October 15, 2020

        47 Robinson+Cole Lawyers Recognized in Super Lawyers®

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          47 Robinson+Cole Lawyers Recognized in Super Lawyers®

          A total of 47 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Delaware, Massachusetts, Pennsylvania and Rhode Island for 2020. In addition, 29 attorneys at the firm were recognized as “Rising Stars.”

          Also, Bruce B. Barth was named to the Top 50: 2020 Connecticut Super Lawyers list and Linda L. Morkan appears on the Top 25: 2020 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • October 8, 2020

        Robinson+Cole Recognized in Benchmark Litigation

      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

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          52 Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 52 Robinson+Cole attorneys were named to Super Lawyers® lists in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2019. In addition, 32 attorneys at the firm were recognized as “Rising Stars.”

          The following lawyers were named to the Top 50: 2019 Connecticut Super Lawyers list: Denis C. Cavanaugh, Gregory R. Faulkner, Linda L. Morkan, Todd R. Regan, and Jeffrey J. White. Linda also appears on the Top 25: 2019 Women Connecticut Super Lawyers list.

          The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas. An explanation of the Super Lawyers methodology can be found here. Read more in the press release.

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      • October 2, 2019

        Robinson+Cole Recognized by Benchmark Litigation

      • October 24, 2018

        Robinson+Cole Recognized by Benchmark Litigation

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 56 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2017. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 29 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

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      • September 29, 2017

        Robinson+Cole Recognized by Benchmark Litigation

      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 51 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2016. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 23 attorneys at the firm were recognized as “Rising Stars.” An explanation of the Super Lawyers methodology can be found here.

          See the list of included lawyers in the news release.

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      • November 3, 2015

        Robinson+Cole Recognized in Benchmark Litigation 2016

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          Robinson+Cole Recognized in Benchmark Litigation 2016

          Robinson+Cole was again ranked as a "highly recommended" firm in Connecticut in the 2016 edition of Benchmark Litigation. The firm also had the most lawyers recognized as "Local Litigation Stars" in Connecticut. The nine lawyers who earned this honor are Wystan M. Ackerman, Bradford S. Babbitt, Joseph L. Clasen, Nuala E. Droney, Linda L. Morkan, Craig A. Raabe, Rhonda J. Tobin, Theodore J. Tucci, and James A. Wade.

          Benchmark Litigation is the only publication on the market to focus exclusively on litigation in the U.S. Benchmark results are based on comprehensive interviews with litigators and their clients. Firms listed as highly recommended received the most mentions by peers and clients and are held as dominate in their particular jurisdiction. Local litigation stars reflect lawyers who are consistently recommended as reputable and effective litigators by peers and clients. Benchmark is published by Euromoney's Legal Media Group. You can read more about their methodology here.

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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          Robinson+Cole Lawyers Recognized by Super Lawyers®

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, New York, and Rhode Island for 2015. The Super Lawyers designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.
          In addition, 21 attorneys at the firm were recognized as “Rising Stars.” Read an explanation of the Super Lawyers methodology here. See the list of included lawyers in the news release.

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      • October 30, 2014

        Robinson+Cole Recognized by Benchmark Litigation

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          Robinson+Cole Recognized by Benchmark Litigation

          Robinson+Cole's Business Litigation Group was again ranked as "highly recommended" in Connecticut in the 2015 edition of Benchmark Litigation. The firm also had the most lawyers recognized as "Local Litigation Stars" in Connecticut. Wystan M. Ackerman, Bradford S. Babbitt, Joseph L. Clasen, Nuala E. Droney, Linda L. Morkan, Craig A. Raabe, Rhonda J. Tobin, Theodore J. Tucci, and James A. Wade all earned this honor. It is the first year Ms. Droney, Ms. Tobin, and Mr. Tucci earned this recognition.

          Benchmark Litigation is the only publication on the market to focus exclusively on litigation in the U.S. Benchmark results are based on comprehensive interviews with litigators and their clients. Read more in the press release here.

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      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

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          Robinson+Cole Lawyers Recognized by Super Lawyers

          A total of 54 Robinson+Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and New York for 2014.The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 21 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          To see the recognized attorneys and their areas of practice, click here.

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      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

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          Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

          A total of 49 Robinson & Cole attorneys were named Super Lawyers® in the states of Connecticut, Massachusetts, and Rhode Island for 2012. The Super Lawyers® designation is based on regional balloting by attorneys, third-party research, and a peer review process encompassing myriad practice areas.

          In addition, 26 attorneys at the firm were recognized as "Rising Stars." Read an explanation of the Super Lawyers methodology here.

          Recognized attorneys and their areas of practice can be read in the full press release.

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