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Injunction in Aid of Class Action Settlement Addressed by Seventh Circuit

By Wystan Ackerman & Wystan Ackerman on March 12, 2015
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Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle. They might reach a settlement agreement with plaintiffs’ counsel in one of the cases, but until that settlement is final, which typically takes months, they may have to continue litigating the other cases. And, in the meantime, cross their fingers that the other cases do not undermine the settlement. One option some federal courts have used to prevent other litigation from derailing a settlement is to issue an injunction, after preliminary approval, that bars the class members from prosecuting other litigation in state court on the same issue. The Seventh Circuit, however, held last week that such an injunction violated the Anti-Injunction Act, in Adkins v. Nestle Purina Petcare Co., No. 14-3436, 2015 U.S. App. LEXIS 3270 (7th Cir. Mar. 2, 2015).

The Anti-Injunction Act bars a federal court from enjoining state court proceedings “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. Where a class action settlement reaches a final judgment, an injunction may well be appropriate, as the Seventh Circuit explained. But here, where the settlement process would take months to complete, and the state court class action was heading towards trial, the parties relied on the “necessary in aid of its jurisdiction” exception to the Anti-Injunction Act. In finding this exception inapplicable, Judge Easterbrook wrote that the word “jurisdiction” meant “adjudicatory competence,” or, in other words, that a court “has been designated by statute as an appropriate forum for a dispute of a given sort . . . . .” Id. at *6. The opinion further explained that “[p]arallel state and federal litigation is common” and “[t]he first to reach final decision can affect the other,” but “the potential effect of one suit on the other does not justify an injunction.” Id. at *7. The Seventh Circuit also cited the word “necessary” in the statute and dictum in Smith v. Bayer Corp., 131 S. Ct. 2368 (2011) to the effect that when in doubt injunctions should not be issued. Id. at *10-11. It noted that other courts had reached contrary results but did not discuss those opinions.

Adkins may be taking an unduly narrow view of the terms “jurisdiction” and “necessary.” The word “jurisdiction” has different meanings in different contexts. If “jurisdiction” means only that the federal court has statutory authority to hear a case, which Adkins seems to suggest, it is difficult to conceive of circumstances in which state courts could interfere with that. Either the federal court has jurisdiction or it does not, and that is a federal question that the state court has nothing to do with. But the “necessary in aid of jurisdiction” exception cannot be a dead letter. Congress likely intended to allow federal courts to enjoin state courts to prevent them from interfering with federal courts’ authority (not merely statutory jurisdiction) in some respects. Adkins seems to acknowledge that, at least if there were inconsistent orders by the federal and state systems, the “necessary in aid of its jurisdiction” exception might apply (and it has been found applicable in “in rem” cases).

Other than arguing that Adkins was wrongly decided (if you are in another circuit, or in the Supreme Court), what can a defendant do in this scenario? Asking the state court for a stay would be an option (and perhaps trying to appeal the ruling on that issue, if possible). But where there is a “race to res judicata” that might fail. Another option would be to try to speed up the federal settlement – speed up the issuance of the notice, shorten the opt-out period, and hold the fairness hearing as soon as possible. Not easy, but it might work. There is no real reason why class members need a long period after getting a class action notice in the mail (or by e-mail) to send back a form. Perhaps a federal court could even issue a judgment that would be effective as a final judgment (and thereby permit an injunction against other proceedings), but be subject to reopening if the settlement process failed? It may take some creativity to work around this decision and achieve the objective of a final resolution sooner with lower litigation costs.

Photo of Wystan Ackerman Wystan Ackerman

Wystan Ackerman is a partner in Robinson+Cole’s Insurance + Reinsurance Group and handles a diverse range of property insurance litigation, including large business interruption cases, class actions, other complex litigation, and appeals. He also has substantial experience representing insurance companies in putative class…

Wystan Ackerman is a partner in Robinson+Cole’s Insurance + Reinsurance Group and handles a diverse range of property insurance litigation, including large business interruption cases, class actions, other complex litigation, and appeals. He also has substantial experience representing insurance companies in putative class actions involving homeowners’ insurance coverage and market conduct/claim-handling practices. He has been prominently involved in high-profile property insurance litigation concerning the September 11th catastrophe and Hurricane Katrina, and Chinese-made drywall. Based in the insurance capital of Hartford, Connecticut, Wystan writes the blog Insurance Class Actions Insider, which was selected by Lexis Nexis as a top insurance blog for 2011.

Wystan grew up in Deep River, Connecticut, a small town on the west side of the Connecticut River in the south central part of the state. He always had strong interests in history, politics and baseball and his heroes growing up were Abraham Lincoln and Wade Boggs (at that time the third baseman for the Boston Red Sox). Wystan says it was his early fascination with Lincoln that drove him to practice law. As a high school senior, he was one of Connecticut’s two delegates to the U.S. Senate Youth Program, which further solidified his interest in law and government. He went on to Bowdoin College, where he wrote for the Bowdoin Orient and majored in government. After Bowdoin, he went on to Columbia Law School. He also interned in the chambers of then-Judge Sonia Sotomayor on the Second Circuit. Wystan graduated from Columbia in 2001, then worked at Skadden Arps in Boston before returning to Connecticut and joining Robinson+Cole.

When Wystan’s not at his desk, flying around the country trying to save insurance companies from the plaintiffs’ bar, or attending a conference on class actions or insurance litigation he often can be found watching “Dora the Explorer” or reading or playing whiffleball with his young daughter, helping his wife with her business, Option Realty, reading a book about history or politics, or watching the Boston Red Sox.

Read Wystan’s rc.com bio.

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Photo of Wystan Ackerman Wystan Ackerman

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you…

I am a partner at the law firm of Robinson+Cole in Hartford, Connecticut, USA.  My contact information is on the contact page of my blog.  I really enjoy receiving questions, comments, suggestions and even criticism from readers.  So please e-mail me if you have something to say.  For those looking for my detailed law firm bio, click here.  If you want a more light-hearted and hopefully more interesting summary, read on:

People often ask about my unusual first name, Wystan.  It’s pronounced WISS-ten.  It’s not Winston.  There is no “n” in the middle.  It comes from my father’s favorite poet, W.H. (Wystan Hugh) Auden.  I’ve grown to like the fact that because my name is unusual people tend to remember it better, even if they don’t pronounce it right (and there is no need for anyone to use my last name because I’m always the only Wystan).

I grew up in Deep River, Connecticut, a small town on the west side of the Connecticut River in the south central part of the state.  I’ve always had strong interests in history, politics and baseball.  My heroes growing up were Abraham Lincoln and Wade Boggs (at that time the third baseman for the Boston Red Sox).  I think it was my early fascination with Lincoln that drove me to practice law.  I went to high school at The Williams School in New London, Connecticut, where I edited the school newspaper, played baseball, and was primarily responsible for the installation of a flag pole near the school entrance (it seemed like every other school had one but until my class raised the money and bought one at my urging, Williams had no flag pole).  As a high school senior, my interest in history and politics led me to score high enough on a test of those subjects to be chosen as one of Connecticut’s two delegates to the U.S. Senate Youth Program, which further solidified my interest in law and government.  One of my mentors at Williams was of the view that there were far too many lawyers and I should find something more useful to do, but if I really had to be a lawyer there was always room for one more.  I eventually decided to be that “one more.”  I went on to Bowdoin College, where I wrote for the Bowdoin Orient and majored in government, but took a lot of math classes because I found college math interesting and challenging.  I then went to Columbia Law School, where I was lucky enough to be selected as one of the minions who spent their time fastidiously cite-checking and Blue booking hundred-plus-page articles in the Columbia Law Review.  I also interned in the chambers of then-Judge Sonia Sotomayor when she was a relatively new judge on the Second Circuit, my only connection to someone who now has one-ninth of the last word on what constitutes the law of our land.  I graduated from Columbia in 2001, then worked at Skadden Arps in Boston before returning to Connecticut and joining Robinson+Cole, one of the largest Connecticut-based law firms.  At the end of 2008, I was elected a partner at Robinson+Cole.

I’ve worked on class actions since the start of my career.  Being in the insurance capital of Hartford, we have a national insurance litigation practice and most of the class actions I’ve defended have been brought against insurance companies. I’ve also handled some involving products liability, managed care, health care, utilities, financial services, higher education and environmental issues.

My insurance class action practice usually takes me outside of Connecticut.  I’ve had the pleasure of working on cases in various federal and state courts and collaborating with great lawyers across the country.  While class actions are an increasingly large part of my practice, I don’t do exclusively class action work.  The rest of my practice involves litigating insurance coverage cases, often at the appellate level.  That also frequently takes me outside of Connecticut.  A highlight of my career thus far was working on Standard Fire Ins. Co. v. Knowles, the U.S. Supreme Court’s first Class Action Fairness Act case.  I was Counsel of Record for Standard Fire on the cert petition, and had the pleasure of working with Ted Boutrous on the merits briefing and oral argument.

I started this blog because writing is one of my favorite things to do and I enjoy following developments in class action law, writing about them and engaging in discussion with others who have an in interest in this area.  It’s a welcome break from day-to-day practice, keeps me current, broadens my network and results in some new business.

When I’m not at work, you might find me running lines or watching a musical with my teenage daughter who hopes to be a Broadway star (or taking her to voice or dance lessons) or reading a good book.

Read more about Wystan AckermanEmail
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  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Class Actions Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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