Firm News:

Miller Schirger Obtains Jury Verdict for Client

August 26, 2016

Miller Schirger, LLC, along with co-counsel Fraser Stryker PC LLO of Omaha, Nebraska, recently obtained a complete defense verdict for Rotella’s Italian Bakery, Inc., a Nebraska based bakery company, after a four-day federal jury trial.

$2.25 billion nationwide class action settlement

April 15, 2016

Miller Schirger LLC and co-counsel, Stueve Siegel Hanson LLP, announce that an Indiana court has granted final approval of a $2.25 billion settlement of a class action lawsuit against The Lincoln National Life Insurance Company over alleged life insurance policy overcharges. Lincoln National agreed to settle the case by, among other things, issuing term life insurance certificates to a settlement class consisting of approximately 77,000 policy owners across 30 states. The term life insurance certificates will have a total face amount of death benefits estimated at $2.25 billion, with a market value of approximately $171.8 million. (more…)

Legal Updates:

Guardrail “Qui Tam” Case on Appeal

November 22, 2016
I.  Introduction

In March 2012, a Qui Tam (False Claims Act) petition was filed in the United States District Court for the Eastern District of Texas by Joshua Harman on behalf of the United States of America against Trinity Industries, Inc., relating to design modifications for a guardrail end terminal system that were allegedly not disclosed to the appropriate authorities before release into the market. Harman, in his petition, indicates that he is an original source of and has direct knowledge of all publicly disclosed information upon which the allegations are based, and voluntarily provided all information to the Government prior to filing his petition. (more…)

The VW Emissions Scandal

July 12, 2016

After years of marketing “Clean Diesel” as an alternative to hybrid and electric vehicles in an effort to win over environmentally conscious consumers – and gaining a U.S. market share of 70 percent of passenger-cars – the Volkswagen company’s diesel emissions scandal has rocked the trust of its customer base worldwide. The automaker is now contending with record losses from the fallout over its cover-up of its diesel engines’ failure to pass emissions regulations imposed by the EPA and reeling from settlement payouts resulting from litigation. (more…)

Department of Labor Final Fiduciary Rule and Current Landscape of Litigation

July 06, 2016
Synopsis of the New Fiduciary Rule

On April 8, 2016, the Department of Labor (DOL) published the final new fiduciary rule under the Employee Retirement Income Security Act (ERISA) in the Federal Register. The new rule is the first financial advisory regulatory initiative with substantive changes in more than 40 years, despite a financial market which has seen many shifts, not the least of which entails the transition from defined benefit plans to self-directed IRAs and 401(k)s. (more…)