Aaron Van Oort is a member of Faegre Baker Daniels' appellate litigation practice area. Before joining the firm, he clerked at the United States Supreme Court for Justice Antonin Scalia and at the United States Court of Appeals for the Seventh Circuit for chief judge Richard Posner. Both Chambers USA and Best Lawyers in America have recognized Aaron in the field of appellate law.
In addition to representing clients nationally on appeal, Aaron leads class-action defense teams across the country. In a billion-dollar trademark case representing Google, Aaron created the legal strategy to defeat plaintiffs' attempt to certify a class of all trademark owners in the United States. Vulcan Golf v. Google, 254 F.R.D. 521 (N.D. Ill. 2008). In multi-district class action litigation arising out of the collapse of the National Arbitration Forum in 2009, he negotiated Capital One's dismissal from all pending cases. Aaron is currently defending the National Football League (NFL) against a putative class of all retired NFL players. He has defended more than 35 class actions for clients including Google, the NFL, Capital One, Jani-King International, Wells Fargo, U.S. Bank, Whirlpool, Koch Industries, Life Time Fitness, and others.
Finally, Aaron joins litigation and trial teams in high-stakes litigation to create and implement the legal strategy to win the case. In a billion-dollar patent case representing Seagate Technology against claims brought by Siemens, Aaron teamed with trial counsel to first win partial summary judgment dismissing one of the infringement claims, then win judgment as a matter of law dismissing more than two-thirds of the remaining damages claims, and finally win a complete defense verdict from the jury on all remaining claims, invalidating Siemens' patent. Siemens v. Seagate (C.D. Cal. 2008). On appeal, Aaron led the briefing team that won complete affirmance of the defense verdict.
Representative cases that Aaron has briefed or argued on appeal include:
- Vaidyanathan v. Seagate US LLC, 691 F.3d 972 (8th 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 (7th 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, 2012-13; Antitrust Litigation, 2013
- Chambers USA: America's Leading Lawyers for Business — Litigation: Appellate, 2010–12
- Minnesota Rising Stars — Business Litigation, 2008–12
- Minnesota Lawyer — Up & Coming Attorney, 2007
- 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
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They Have No Class: Strategies for Dealing with Class Action Litigation
Complex Litigation Seminar, Minneapolis (2010)
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Petitioning For Review In The United States Supreme Court
Third Annual Appellate Practice Institute, Minnesota CLE (2009)
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Defending FACTA Class Actions
Eighth Annual Conference on Consumer Finance Class Actions & Litigation, American Conference Institute, New York, NY (2009)
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Common Law and Statutory Fraud—Establishing Credibility Through Surgical Analysis and Pleading
Minnesota CLE (2008)
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The Minnesota Consumer Fraud Act: A Case Law Update
Minnesota CLE (2005)
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Class Action Point and Counterpoint
Hennepin County Bar Association (2004)
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Consumer Fraud
Minnesota Institute of Legal Education (2003)
- Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota
Contributing editor
- 8th Circuit Appellate Practice Manual (5th Edition, 2010)
Contributing editor
Related Practices
Antitrust & Trade Regulation
Appellate Advocacy
Class Actions
Complex Commercial Litigation
Consumer Fraud Litigation
ERISA Litigation & Other Employee Benefits Disputes
Litigation & Advocacy
Regulatory
Related Industries
Financial Services
Food & Agriculture
Sports & Entertainment
Media Mentions
20-March-2013 - In Law360, Aaron Van Oort Evaluates Supreme Court Ruling on Class Action Suits
11-December-2012 - Law360 Chronicles Dismissal of Class Action Consumer Fraud Suit Against FaegreBD Client General Mills
15-October-2010 - Van Oort and Alter Discuss Patenting After Bilski
11-June-2010 - Van Oort Explains Impact of Supreme Court Rulings on ERISA
13-October-2009 - Law360 Features Partner Aaron Van Oort in its Q&A Series
Legal Updates
23-April-2013 - Supreme Court Decides Moncrieffe v. Holder
27-March-2013 - Supreme Court Decides Comcast Corp. v. Behrend
27-March-2013 - Comcast Corp. v. Behrend—Supreme Court Tightens Class Certification Standards for Proof of Impact and Damages
20-March-2013 - Supreme Court Decides Wos, Secretary, N.C. Dept. of Health and Human Servs. v. E.M.A.
20-March-2013 - Supreme Court Decides Decker v. Northwest Environmental Defense Center
19-March-2013 - Supreme Court Decides Kirtsaeng v. John Wiley & Sons, Inc.
19-March-2013 - Supreme Court Decides Standard Fire Insurance Co. v. Knowles
15-January-2013 - Supreme Court Decides Lozman v. City of Riviera Beach
16-October-2012 - The Appellate Practice Compendium
29-June-2012 - Supreme Court: Video Analysis of Affordable Care Act Decision
28-June-2012 - Supreme Court Update – Special Report on Affordable Care Act
28-June-2012 - Supreme Court Decides National Federation of Independent Business v. Sebelius
27-June-2012 - Video Analysis of Arizona v. United States
25-June-2012 - Supreme Court Decides Arizona v. United States
25-April-2012 - Supreme Court Decides United States v. Home Concrete & Supply
24-April-2012 - Supreme Court Decides Wood v. Milyard
20-April-2012 - Leading Federal Court Decision Opens Doors to Wider Use of Computer-Assisted Review
29-March-2012 - Day Three – The Supreme Court Hears Argument on the Severability of the Individual Mandate and State Sovereignty
28-March-2012 - Day Two – The Supreme Court Hears Argument on the Constitutionality of the ACA's Individual Mandate
27-March-2012 - First day of Supreme Court Arguments on the Affordable Care Act Focuses on the Anti-Injunction Act
21-March-2012 - Supreme Court Decides Sackett v. Environmental Protection Agency
20-March-2012 - Supreme Court Decides Roberts v. Sea-Land Services, Inc.
20-March-2012 - Supreme Court Decides Mayo Collaborative Services v. Prometheus Laboratories, Inc.
20-March-2012 - Video Analysis of Key Patent Decision: Mayo v. Prometheus
23-January-2012 - Supreme Court Decides Ryburn v. Huff
23-January-2012 - Supreme Court Decides Reynolds v. United States
23-January-2012 - Supreme Court Decides United States v. Jones
18-January-2012 - Supreme Court Decides Mims v. Arrow Financial Services, LLC
11-January-2012 - Supreme Court Decides Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
10-January-2012 - Supreme Court Decides Gonzalez v. Thaler
10-January-2012 - Supreme Court Decides CompuCredit Corp. v. Greenwood
10-January-2012 - Supreme Court Decides Smith v. Cain
08-November-2011 - Supreme Court Decides Greene v. Fisher
27-June-2011 - Supreme Court Decides J. McIntyre Machinery, Ltd. v. Nicastro
23-June-2011 - Supreme Court Decides Bullcoming v. New Mexico
23-June-2011 - Supreme Court Decides Freeman v. United States
20-June-2011 - Supreme Court Decides "Global-Warming Case": American Electric Power Co., Inc. v. Connecticut
20-June-2011 - Supreme Court Decides Wal-Mart Stores, Inc. v. Dukes
20-June-2011 - Supreme Court Decides Turner v. Rogers
16-June-2011 - Supreme Court Decides Tapia v. United States
16-June-2011 - Supreme Court Decides Smith v. Bayer Corp.
16-June-2011 - Supreme Court Decides J.D.B. v. North Carolina
16-June-2011 - Supreme Court Decides Davis v. United States
16-June-2011 - Supreme Court Decides Bond v. United States
13-June-2011 - Supreme Court Decides Janus Capital Group, Inc. v. First Derivative Traders
13-June-2011 - Supreme Court Decides United States v. Jicarilla Apache Nation
09-June-2011 - Supreme Court Decides Microsoft Corp. v. i4i Ltd. Partnership
09-June-2011 - Supreme Court Decides Talk America, Inc. v. Michigan Bell Telephone Co.
09-June-2011 - Supreme Court Decides DePierre v. United States
09-June-2011 - Supreme Court Decides Sykes v. United States
06-June-2011 - Supreme Court Decides Erica P. John Fund, Inc. v. Halliburton Co. et al.
06-June-2011 - Supreme Court Decides Fox v. Vice
06-June-2011 - Supreme Court Decides McNeill v. United States
06-June-2011 - Supreme Court Decides Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, et. al.
31-May-2011 - Supreme Court Decides Global-Tech Appliances, Inc. v. SEB S.A.
31-May-2011 - Supreme Court Decides Ashcroft v. al-Kidd
26-May-2011 - Supreme Court Decides Chamber of Commerce v. Whiting
26-May-2011 - Supreme Court Decides United States v. Tinklenberg
26-May-2011 - Supreme Court Decides Camreta v. Greene
26-May-2011 - Supreme Court Decides Fowler v. United States
23-May-2011 - Supreme Court Decides General Dynamics Corp. v. United States
23-May-2011 - Supreme Court Decides Brown v. Plata
16-May-2011 - Supreme Court Decides Schindler Elevator Corp. v. United States ex rel. Kirk
16-May-2011 - Supreme Court Decides Cigna Corp. v. Amara
16-May-2011 - Supreme Court Decides Kentucky v. King
02-May-2011 - Supreme Court Adopts Special Master's Recommendation in Montana v. Wyoming
02-May-2011 - Supreme Court Decides Bobby v. Mitts
27-April-2011 - Supreme Court Decides AT&T Mobility v. Concepcion
20-April-2011 - Supreme Court Decides Sossamon v. Texas
28-February-2011 - Supreme Court Decides Michigan v. Bryant
24-February-2011 - Supreme Court Decides Williamson v. Mazda Motor of America, Inc
24-February-2011 - Supreme Court Decides Walker v. Martin
22-February-2011 - Supreme Court Decides Bruesewitz v. Wyeth LLC
22-February-2011 - Supreme Court Decides CSX Transportation, Inc. v. Alabama Department of Revenue
24-January-2011 - Supreme Court Decides Chase Bank USA, N.A. v. McCoy
24-January-2011 - Supreme Court Decides Swarthout v. Cooke and Cate v. Clay
24-January-2011 - Supreme Court Decides Ortiz v. Jordan
24-January-2011 - Supreme Court Decides Thompson v. North American Stainless, LP
19-January-2011 - Supreme Court Decides National Aeronautics and Space Administration v. Nelson
19-January-2011 - Supreme Court Decides Harrington v. Richter
19-January-2011 - Supreme Court Decides Premo v. Moore
11-January-2011 - Supreme Court Decides Ransom v. FIA Card Services
11-January-2011 - Supreme Court Decides Mayo Foundation for Medical Education and Research v. United States
10-January-2011 - Supreme Court remands Madison County New York v. Oneida Indian Nation to Second Circuit
13-December-2010 - Equally Divided Supreme Court Affirms Ninth Circuit Ruling in Omega S.A. v. Costco Wholesale Corporation
30-November-2010 - Supreme Court Decides Los Angeles County v. Humphries
01-September-2010 - Van Oort and Hunter Explore Supreme Court Decision Process
28-June-2010 - Supreme Court Decides Bilski v. Kappos
28-June-2010 - Supreme Court Decides Free Enterprise Fund v. Public Company Accounting Oversight Board
28-June-2010 - Supreme Court Decides Christian Legal Society v. Martinez
28-June-2010 - Supreme Court Decides McDonald v. City of Chicago
24-June-2010 - Supreme Court Decides Skilling v. United States and Weyhrauch v. United States
24-June-2010 - Supreme Court Decides Black v. United States
24-June-2010 - Supreme Court Decides Morrison v. National Australia Bank, Ltd.
24-June-2010 - Supreme Court Decides Granite Rock Co. v. International Brotherhood of Teamsters
24-June-2010 - Supreme Court Decides Doe v. Reed
24-June-2010 - Supreme Court Decides Magwood v. Patterson
21-June-2010 - Supreme Court Decides Holder v. Humanitarian Law Project
21-June-2010 - Supreme Court Decides Monsanto Co. v. Geertson Seed Farms
21-June-2010 - Supreme Court Decides Rent-A-Center, West, Inc. v. Jackson
21-June-2010 - Supreme Court Decides Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.
17-June-2010 - Supreme Court Decides New Process Steel, L.P. v. National Labor Relations Board
17-June-2010 - Supreme Court Decides Schwab v. Reilly
17-June-2010 - Supreme Court Decides Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection
17-June-2010 - Supreme Court Decides City of Ontario v. Quon
17-June-2010 - Supreme Court Decides Dillon v. United States
14-June-2010 - Supreme Court Decides Astrue v. Ratliff
14-June-2010 - Supreme Court Decides Dolan v. United States
14-June-2010 - Supreme Court Decides Holland v. Florida
14-June-2010 - Supreme Court Decides Carachuri-Rosendo v. Holder
07-June-2010 - Supreme Court Decides Hamilton v. Lanning
07-June-2010 - Supreme Court Decides Krupski v. Costa Crociere, S.p.A.
07-June-2010 - Supreme Court Decides Barber v. Thomas
01-June-2010 - Supreme Court Decides Levin v. Commerce Energy, Inc.
01-June-2010 - Supreme Court Decides Samantar v. Yousef
01-June-2010 - Supreme Court Decides Berghuis v. Thompkins
01-June-2010 - Supreme Court Decides Carr v. United States
01-June-2010 - Supreme Court Adopts Special Master's Reports in Alabama v. North Carolina
24-May-2010 - Supreme Court Decides Hardt v. Reliance Standard Life Insurance Co.
24-May-2010 - Supreme Court Decides Lewis v. City of Chicago
24-May-2010 - Supreme Court Decides United States v. Marcus
24-May-2010 - Supreme Court Decides United States v. O'Brien
24-May-2010 - Supreme Court Decides Jefferson v. Upton
17-May-2010 - Supreme Court Decides Graham v. Florida; Dismisses Writ of Certiorari as Improvidently Granted in Sullivan v. Florida
17-May-2010 - Supreme Court Decides Abbott v. Abbott
17-May-2010 - Supreme Court Decides United States v. Comstock
03-May-2010 - Supreme Court Decides Hui v. Castenada
03-May-2010 - Supreme Court Decides Hui v. Castenada
03-May-2010 - Supreme Court Decides Renico v. Lett
28-April-2010 - Supreme Court Decides Salazar v. Buono
27-April-2010 - Supreme Court Decides Stolt-Nielsen S.A. v. AnimalFeeds International Corp.
27-April-2010 - Supreme Court Decides Merck & Co. v. Reynolds
21-April-2010 - Supreme Court Decides Conkright v. Frommer
21-April-2010 - Supreme Court Decides Perdue v. Kenny A.
21-April-2010 - Supreme Court Decides Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
20-April-2010 - Supreme Court Decides United States v. Stevens
31-March-2010 - Supreme Court Decides Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.
31-March-2010 - Supreme Court Decides Padilla v. Kentucky
30-March-2010 - Supreme Court Decides Jones v. Harris Associates, L.P.
30-March-2010 - Supreme Court Decides Graham County Soil and Water Conservation District v. United States
30-March-2010 - Supreme Court Decides Berghuis v. Smith
23-March-2010 - Supreme Court Decides United States Aid Funds, Inc. v. Espinosa
08-March-2010 - Supreme Court Decides Milavetz, Gallop & Milavetz, P.A. v. United States
08-March-2010 - Supreme Court Decides Bloate v. United States
02-March-2010 - Supreme Court Decides Mac's Shell Service, Inc. v. Shell Oil Products Co.
02-March-2010 - Supreme Court Decides Reed Elsevier, Inc. v. Muchnick
02-March-2010 - Supreme Court Decides Johnson v. United States
24-February-2010 - Supreme Court Decides Maryland v. Shatzer
23-February-2010 - Supreme Court Decides Hertz Corp. v. Friend
23-February-2010 - Supreme Court Decides Florida v. Powell
22-February-2010 - Supreme Court Decides Thaler v. Haynes
22-February-2010 - Supreme Court Decides Wilkins v. Gaddy
25-January-2010 - Supreme Court Decides Hemi Group, LLC v. City of New York
21-January-2010 - Supreme Court Decides Citizens United v. Federal Election Commission
20-January-2010 - Supreme Court Decides Kucana v. Holder
20-January-2010 - Supreme Court Decides Wood v. Allen
20-January-2010 - Supreme Court Decides South Carolina v. North Carolina
19-January-2010 - Supreme Court Decides Wellons v. Hall
19-January-2010 - Supreme Court Decides Presley v. Georgia
13-January-2010 - Supreme Court Decides NRG Power Marketing, LLC v. Maine Public Utilities Commission
12-January-2010 - Supreme Court Decides Smith v. Spisak
11-January-2010 - Supreme Court Decides McDaniel v. Brown
08-December-2009 - Supreme Court Decides Mohawk Industries v. Carpenter
08-December-2009 - Supreme Court Decides Beard v. Kindler
08-December-2009 - Supreme Court Decides Alvarez v. Smith
08-December-2009 - Supreme Court Decides Union Pacific R. Company v. Brotherhood of Locomotive Engineers and Trainman General Comm'ee of Adjustment, Central Region
04-June-2008 - Change in Law Regulating Credit Card Receipts
News
24-May-2013 - Faegre Baker Daniels Ranked Nationally in 2013 Chambers USA
27-August-2012 - The Best Lawyers in America Recognizes 187 Faegre Baker Daniels Attorneys
25-July-2012 - Faegre Baker Daniels Attorneys Named to Super Lawyers in Minnesota
07-June-2012 - Faegre Baker Daniels Practices Ranked Nationally in 2012 Chambers USA
06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
30-November-2010 - Faegre & Benson Secures Summary Judgment for Crop Production Services
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
29-June-2010 - Chambers Recognizes Faegre & Benson General Commercial Litigation Practices in Minnesota and Colorado
10-March-2010 - Faegre & Benson Wins Patent Appeal for Seagate
22-June-2009 - Faegre & Benson Wins National Recognition for Seagate Trial Victory
26-December-2008 - Faegre & Benson Wins Defense Verdict in Patent Infringement Trial for Seagate
19-December-2008 - Faegre & Benson Wins Key Order in Trademark Case for Google
24-November-2008 - Nineteen Faegre & Benson Lawyers Named to Minnesota Rising Stars 2009
18-April-2008 - Faegre & Benson Wins Consumer Privacy Suit for Capital One
05-April-2007 - Aaron Van Oort Named an Up & Coming Attorney
Court Admissions
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the District of Minnesota
U.S. District Court for the Northern District of Illinois
U.S. Supreme Court
Events
21-July-2011 - U.S. Supreme Court Review: Significant Decisions From October Term 2010
26-July-2010 - Bilski: It's Not Just Business as Usual - How This Decision Will Affect Your Company and Practice
21-July-2010 - Bilski: It's Not Just Business as Usual - How This Decision Will Affect Your Company and Practice
23-June-2010 - U.S. Supreme Court Review: Significant Decisions From October Term 2009
16-July-2009 - U.S. Supreme Court Review: Significant Decisions From October Term 2008
Representative Matters
Boschee v. Burnet Title, Inc.
Smale v. Whirlpool
Defending Jani-King International in Multiple Franchise Class Actions
Represented Koch Industries in Putative Class Action
Secured a Reversal of Class Certification Against State Farm Mutual Automobile Company
Secured Withdrawal of Class Action and Dismissal of Federal Claim for Capital One
Settled Putative Class Action on Behalf of Koch Industries
Successfully Defended ADM in ERISA Class Action
Won Complete Defense Verdict in Patent Infringement Trial for Seagate Technology
Won Complete Dismissal of Arbitration Claims Against Capital One
Won Complete Dismissal of Consumer Finance Class Action Against Capital One
Won Complete Dismissal of Consumer Finance Class Actions Brought Against Wells Fargo