Aaron Van Oort is a legal strategist, class action opponent, and appellate lawyer who co-chairs the Faegre Baker Daniels appellate advocacy group. Before joining the firm, Aaron clerked for Justice Antonin Scalia at the United States Supreme Court and for Chief Judge Richard Posner at the United States Court of Appeals for the Seventh Circuit.
Aaron has represented clients in nine of the 13 United States Courts of Appeal, as well as in the United States Supreme Court and in state appellate courts. In recent appeals, he successfully obtained reversal of a jury verdict, Vaidyanathan v. Seagate US LLC , 691 F.3d 972 (8 th Cir. 2012), and successfully defended a summary judgment ruling over the opposition of the Consumer Financial Protection Bureau on an issue that has split the circuits, Keiran v. Home Capital, Inc. , ___ F.3d ___, 2013 WL 3481366 (8 th Cir. July 12, 2013). His appellate clients have included Seagate, the NFL, Bank of America, Capital One, U.S. Bank, Wells Fargo, Koch Industries, State Farm and Xcel Energy.
Class Action Defense
Aaron leads class-action defense teams across the country. In recent cases, he won dismissal of a putative nationwide class action alleging claims under California's Bus. and Prof. Code § 17200, Barton v. Capital One Bank (USA), N.A. , 2013 WL 2252108 (N.D. Cal. May 22, 2013), defeated certification of a putative California class seeking to certify employment classification claims, Juarez v. Jani-King , 273 F.R.D. 571 (N.D. Cal. 2011), and won dismissal of a putative nationwide class alleging consumer fraud claims, Taradejna v. General Mills, Inc. , 909 F.Supp.2d 1128 (D. Minn. 2012). He is currently defending the National Football League (NFL) against a putative class of all retired NFL players. His class-action clients have included Google, the NFL, Capital One, General Mills, Jani-King International, Wells Fargo, U.S. Bank, American Family Insurance, Koch Industries and Life Time Fitness.
Aaron joins litigation and trial teams as a legal strategist in complex litigation. In a billion-dollar patent case representing Seagate Technology, he worked with trial counsel to first win partial summary judgment, then judgment as a matter of law dismissing more than two-thirds of the remaining damages claims, and finally a complete defense verdict from the jury, invalidating Siemens' patent. Siemens v. Seagate (C.D. Cal. 2008). On appeal, the Federal Circuit summarily affirmed.
Representative cases that Aaron has briefed or argued on appeal include:
- Keiran v. Home Capital, Inc., ___ F.3d ___, 2013 WL 3481366 (8 th Cir. July 12, 2013). Representing Home Capital, successfully defended award of summary judgment over the opposition of the Consumer Financial Protection Bureau.
- Kolmar Americas, Inc. v. Koch Supply & Trading LP, 512 Fed. Appx. 84 (2d Cir. 2013). Representing Koch, successfully defended award of summary judgment in complex contract dispute.
- Vaidyanathan v. Seagate US LLC , 691 F.3d 972 (8 th Cir. 2012). Representing Seagate, successfully won reversal of jury verdict that plaintiff had obtained through an incorrect jury instruction.
- Brady v. NFL, 638 F.3d 1004, 640 F.3d 785, 644 F.3d 661 (8th Cir. 2011). Representing the NFL, successfully stayed and then reversed preliminary injunction against the NFL's player lockout.
- State Farm Mut. Auto Ins. Co. v. Reyher, No. 10SC77 (Colo. 2011). Successfully persuaded Colorado Supreme Court to grant review and reverse opinion below certifying a class action.
- Clifford v. Crop Production Services, Inc., 627 F.3d 268 (7 th Cir. 2010). Successfully defended complete grant of summary for Crop Production Services against crop damages claims.
- Siemens AG v. Seagate Technology, 2010 WL 784910 (Fed. Cir. Mar. 9, 2010). In a billion-dollar patent case, successfully defended complete defense verdict and judgment of invalidity on appeal.
- Krueger v. Zeman Constr. Co., 781 N.W.2d 858 (Minn. 2010). Successfully defended dismissal of business discrimination claim, persuading Minnesota Supreme Court to limit the cause of action to the parties to the contract.
- Savig v. First Nat'l Bank of Omaha, 781 N.W.2d 335 (Minn. 2010). On behalf of amici curiae Capital One, successfully persuaded Minnesota Supreme Court to allow banks to garnish joint bank accounts without fear of common law tort liability.
- Price v. Capital One Bank, 523 F.3d 719 (7th Cir. 2008). Successfully defended complete dismissal of putative class action and established the leading precedent in the country, ending a category of litigation against the financial services industry.
- Young America Corp. v. Affiliated Computer Services, Inc., 424 F.3d 840 (8th Cir. 2005). Successfully defended dismissal for lack of Article III jurisdiction in the federal courts.
- Marvin Lumber & Cedar Co. v. PPG Indus., Inc., 401 F.3d 901 (8th Cir. 2005). Successfully challenged portion of jury verdict awarding $30 million for alleged lost goodwill in breach of warranty case.
- Wiegand v. Walser Automotive Groups, Inc., 683 N.W.2d 807 (Minn. 2004). Represented industry groups including the Minnesota Chamber of Commerce as amici curiae.
- Sabri v. United States, 541 U.S. 600 (2004). Represented petitioner raising constitutional challenge to Congress' authority to enact the federal anti-bribery statue, 18 U.S.C. § 666.
- Best Lawyers in America — Appellate Law, 2012-14; Antitrust Litigation, 2013
- Chambers USA: America's Leading Lawyers for Business — Litigation: Appellate, 2010-13
- Minnesota Rising Stars — Business Litigation, 2008-12
- Minnesota Lawyer — Up & Coming Attorney, 2007
- Super Lawyers — Appellate, 2013
- Minnesota State Bar Association — Appellate Section
- American Bar Association — Council of Appellate Lawyers
- U.S. Supreme Court, Hon. Antonin Scalia, 2000-01
- U.S. Court of Appeals, Seventh Circuit, Hon. Richard A. Posner, 1999-2000
- The U.S. Supreme Court's Big New Decisions
Minnesota CLE, Minnapolis, 2013
- Recent Developments in TCPA Litigation
Banking Law Institute, Minneapolis, 2013
- Unclaimed Property and the Life Insurance Industry
NOLHGA Legal Seminar, Boston, 2012
- They Have No Class: Strategies for Dealing With Class Action Litigation
Complex Litigation Seminar, Minneapolis, 2010
- Petitioning for Review in the United States Supreme Court
Third Annual Appellate Practice Institute, Minnesota CLE, 2009
- Defending FACTA Class Actions
Eighth Annual Conference on Consumer Finance Class Actions & Litigation, American Conference Institute, New York, NY, 2009
- Common Law and Statutory Fraud — Establishing Credibility Through Surgical Analysis and Pleading
Minnesota CLE, 2008
- The Minnesota Consumer Fraud Act: A Case Law Update
Minnesota CLE, 2005
- Class Action Point and Counterpoint
Hennepin County Bar Association, 2004
- Consumer Fraud
Minnesota Institute of Legal Education, 2003
- ABA Appellate Practice Compendium
Contributing Author, 2013
- Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota
- 8th Circuit Appellate Practice Manual
Contributing Editor, 6th Edition, 2013