|
John Aerni is a litigation partner in the firm’s New York office. Mr. Aerni has served as lead counsel for major insurer and financial services clients in dozens of complex litigation matters, particularly class actions involving life insurance, annuities, property/casualty insurance, ERISA benefit plans, and other financial products. He has been lead counsel in more than 20 trials and argued numerous appeals. Mr. Aerni’s representative matters include numerous defenses of class actions in which defendants prevailed either on dispositive motions or by defeating class certification.
John speaks regularly on a variety of topics, including taking and defending depositions and expert witnesses. He has been recognized as a Super Lawyer in Business Litigation every year since 2007, and was awarded a Pro Bono Leader Award by Legal Services NYC in 2009.
Representative Matters
- Haase v. Principal Life Ins. Co. – Defeated class certification, leading to dismissal of action, in “gap premium” class action alleging deceptive practices in the sale of permanent life insurance contracts.
- Castillo v. Nationwide Life Ins. Co. – Obtained summary judgment in putative class action involving the allegedly deceptive sale of deferred annuities in tax-qualified accounts.
- Grika v. Paul Revere Life Ins. Co. – Obtained dismissal on dispositive motion of putative life insurance class action involving vanishing premium allegations.
- Quinn v. Nationwide Life Ins. Co. – Defeated class certification and then obtained summary judgment in putative class action alleging improper retention of life insurance and deferred annuity benefits.
- Yue v. Conseco Life Ins. Co. – Co-lead counsel in two putative class actions alleging improper increases in cost of insurance rates for universal life insurance policies.
- Grove v. Principal Mut. Life Ins. Co. – Co-lead counsel in life insurance class action involving vanishing premium allegations.
- Fuller v. Nationwide Life Ins. Co. – Obtained dismissal on dispositive motion of putative class action alleging improper retention of life insurance and deferred annuity benefits.
- Swender v. Principal Life Ins. Co. – Co-lead counsel in putative class action involving the allegedly deceptive sale of deferred annuities in tax-qualified accounts.
- AAI v. Chu. – Obtained victory in New York Court of Appeals for insurance industry on a constitutional Takings Clause claim against the State of New York, leading to substantial recovery of proceeds of insurance guaranty funds.
- Kaufman v. Medical Liability Mut. Ins. Co. and Dinhofer v. Medical Liability Mut. Ins. Co. – Obtained summary judgment on bad faith claim involving insurers appointment of counsel to represent multiple insureds in one action.
- Marrara v. Western & Southern Life Ins. Co. – Obtained favorable settlement in putative class action after filing summary judgment motion to dismiss claims involving allegedly unfair and improper insurer demutualization.
Activities
Mr. Aerni is the Chair of the Board of Directors for South Brooklyn Service, and the Chair of the Board of Directors of Volunteers of Legal Services, Inc. He also sits on the Board of Directors for Legal Servics-NYC, Inc. and the Board of Directors for the Citizens Committee for New York City, Inc.
Education
Mr. Aerni received a J.D., cum laude, from New York University School of Law in 1985, where he was elected Order of the Coif. He received a B.A., cum laude, from Princeton University in 1978.
|
