Aaron Van Oort is a legal strategist, class action litigator, 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 (8th Cir. 2012), and successfully obtained reversal of an order denying leave the right to intervene in litigation, National Parks Conservation Ass'n v. U.S. E.P.A., 759 F.3d 969 (8th Cir. 2014). His appellate clients have included Seagate, the NFL, Bank of America, Capital One, U.S. Bank, Wells Fargo, Koch Industries and Xcel Energy.
Class Action Defense
Aaron leads class-action defense teams across the country. In recent cases, he won summary judgment on behalf of the National Football League (NFL) against retired players' publicity-rights claims, Dryer v. National Football League, Civ. No. 09-2182, Slip Op. (D. Minn. Oct. 10, 2014), 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 representing both the National Football League (NFL) and the National Hockey League (NHL) in putative class actions. His class-action clients have included Google, the NFL, the NHL, 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:
- Marshall v. National Football League, ___ F.3d ___, 2015 WL 2402355 (8th Cir. May 21, 2015). Representing the National Football League, successfully defended final approval of a class settlement against multiple objectors.
- Nicaj v. Shoe Carnival, Inc., 768 F.3d 622 (7th Cir. 2014). Representing Shoe Carnival, successfully defended Rule 12 dismissal of putative FACTA class actions.
- National Parks Conservation Ass'n v. U.S. E.P.A., 759 F.3d 969 (8th Cir. 2014). Representing Xcel Energy, successfully obtained reversal of order denying right to intervene in litigation.
- Keiran v. Home Capital, Inc., 720 F.3d 721 (8th Cir. 2013), abrogated, 135 S. Ct. 790 (2015). 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 (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.
- 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, 369 Fed. Appx. 118 (Fed. Cir. 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.
- Best Lawyers in America — Appellate Law, 2012-16; Antitrust Litigation, 2013, 2015-16
- Chambers USA: America's Leading Lawyers for Business — Litigation: Appellate, 2010-15
- Minnesota Super Lawyers — Appellate, 2013-15; Rising Star, Business Litigation, 2008-12
- Minnesota Lawyer — Up & Coming Attorney, 2007
- Minnesota State Bar Association — Vice Chair of Appellate Section
- U.S. Supreme Court, Hon. Antonin Scalia, 2000-01
- U.S. Court of Appeals, Seventh Circuit, Hon. Richard A. Posner, 1999-2000
- Supreme Court Review
Panelist, Colorado Law, July 2015
- Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Considerations
Panelist, American Conference Institute's 23rd National Conference on Consumer Finance Class Actions & Litigation, July 2015
- The U.S. Supreme Court's Big New Decisions
Minnesota CLE, Minneapolis, 2013
- Recent Developments in Telephone Consumer Protection Act (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