In their collective experience, Miller Schirger's attorneys have represented hundreds of clients, as plaintiffs and defendants, nationwide.
Below is a sample of the results they have obtained. For additional results, see the profiles of our attorneys.
Life Insurance Class Action Settles for $59.75 Million
Miller Schirger LLC and co-counsel Stueve Siegel Hanson LLP have settled a nationwide class action lawsuit against John Hancock Life Insurance Company (U.S.A.) over alleged life insurance policy overcharges. The settlement was approved by the court on May 8, 2018 and provides that John Hancock will pay $59.75 million (less fees and expenses) in cash compensation to approximately 103,000 policyholders who own or owned a Flex V-II variable whole life insurance policy sold and administered by John Hancock over the last several decades.
$34.3 million verdict to Missouri life insurance policyholders
After two hours of deliberations, a federal jury in Missouri awarded $34.3 million to State Farm policyholders in a class action trial. The class action was brought on behalf of approximately 24,000 current and former owners of universal life insurance policies issued in Missouri. Universal life insurance is a type of life insurance that includes an interest-bearing savings account from which the insurer deducts money each month to cover the cost of the life insurance. The jury found that State Farm systematically overcharged its policyholders for 23 years.
$2.25 billion nationwide class action settlement
Represented plaintiff class of policyholders in nationwide class action against The Lincoln National Life Insurance Company alleging life insurance policy overcharges including “cost of insurance” 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 have a total face amount of death benefits estimated at $2.25 billion, with a market value of approximately $171.8 million. Read more
$116 million verdict for general contractor in bad faith claim against surety
Represented general contractor in bad faith claim against surety. Obtained $116 million verdict for client; $16 million compensatory damages; $100 million in punitive damages; confidential settlement reached on appeal.
Substantial recovery for institutional investor from mortgage-backed securities broker
Represented plaintiff Colorado Bank in dispute with its broker-dealer involving the marketing and sale of mortgage-backed securities. Confidential settlement reached for client resulting in substantial recovery. Within two weeks of finalizing the settlement, regulatory officials substantially upgraded the Bank's rating.
Groundbreaking class-action decision against Fortune 500 life insurance company
Represented plaintiff in alleged class action involving cost of insurance overcharges in life insurance policies. Case of first impression holding Class Action Fairness Act's (CAFA) securities exception allowed alleged class action involving variable life insurance policy to proceed forward in state court; case was not subject to removal to federal court. Bezich v. Lincoln Nat'l. Life Ins. Co., 610 F.3d 448 (7th Cir. 2010).
$4.3 million settlement of highway construction case
Represented Wisconsin highway and bridge contractor on a claim against Colorado Department of Transportation for additional cost of soil stabilization. A settlement was achieved through administrative proceeding in the amount of $4.3 million.
$4.9 million verdict in water utility case
Represented general contractor in $4.9 million claim against utility for breach of contract and implied warranties relating to the installation of a 36 mile long water pipeline from Stockton Lake to the City of Springfield, Missouri. Following a four-week trial, the jury returned a verdict in the amount of $4,931,056.
$11.4 million case involving development rights resolved in client's favor during trial
Represented owner of development rights to waste-to-energy facility in $11.4 million claim in California federal court. In the middle of the presentation of plaintiff's case, during a four-week jury trial, a mediated settlement was brokered, resulting in confidential settlement and payment to client.
$4 million professional malpractice claims settled in trustee's favor
Represented estate of deceased banker in $4 million claim against accounting firm for accounting malpractice and against lawyer for legal malpractice as a result of erroneous advice given to trustees in the administration of the estate and in the sale of publicly traded stocks. Confidential settlement reached shortly before trial.
Antitrust claim settled on behalf of client
Represented transit service company in antitrust action against Boston's light rail transit authority, Amtrak, and various railroad unions for restraint of trade and anti-competitive activity, an illegal tying arrangement and attempts to monopolize. The case resulted in a confidential settlement.
Judgment for injunctive relief and damages obtained in unfair competition and fraud case
Represented a vehicle leasing business and majority owner in an action for injunctive relief and money damages against former manager and part-owner for violation of covenant not to compete and for money damages for fraud, breach of fiduciary duty and other financial improprieties. Injunctive relief was tried to the court; and a permanent injunction granted. Also obtained contempt of court order against defendant.
Wrongful death settlement in product liability case
Represented plaintiff widow and family members in wrongful death case of husband/father involving a defective consumer product. Confidential settlement reached after minimal discovery.
Arbitration Win of $883,465 for Miller Schirger Client
Represented specialty deep foundations, shoring, and ground improvement subcontractor in one-week arbitration hearing against a regional general contractor in a breach-of-contract matter. General contractor refused to pay specialty subcontractor, claiming that the subcontractor had delayed the projects. The arbitrator rejected the general contractor’s claims and awarded the specialty subcontractor $883,465, representing its full contract balances, its additional delay damages, plus attorneys’ fees, costs and interest.
Defeated multiple claims in a defense/counterclaimant suit
Represented defendant / counterclaimant in case involving claims for breach of contract, and counterclaims for repudiation of contract and breach of express and implied warranties, among others, related to the purchase of a vacuum-seal packaging machine. A four-day jury trial in the United States District Court for the Western District of Missouri, resulted in verdicts in client’s favor on the plaintiff’s claim for breach of contract, and the client’s counterclaims for repudiation of contract and breach of express warranty.
$1.2 billion whistleblower claim dismissed on summary judgment
Represented defendant ConAgra Foods, Inc. in alleged civil false claims case where plaintiff claimed $1.2 billion in damages; summary judgment granted in favor of defendant on all counts.
$100 million in claims successfully resolved for broker/dealer
Represented defendant broker/dealer in complex securities and commodities' Ponzi scheme cases where plaintiffs claimed damages in excess of $100 million; after close of discovery, favorable settlements reached for client through mediation.
NY investment bank pays nothing in settlement of unfair competition claim
Represented defendant New York investment banking firm in commercial dispute involving alleged breach of nondisclosure agreement. Successful settlement reached for client after minimal discovery; client paid no money to Plaintiff.
Win for IBM in $8.5 million alleged fraud case
Represented defendant IBM in alleged fraud case where plaintiff claimed $8.5 million in damages; summary judgment granted in favor of defendant on all counts and affirmed by the Eighth Circuit.
Multi-billion dollar product liability exposure resolved to client's satisfaction
Represented defendants nationwide in lead paint products liability cases; cases resolved through successful summary judgment practice and mediation.
$7 million claim against propane company defeated at trial
Represented plaintiff and counter-defendant propane company defending against counterclaims seeking damages of $6.97 million for alleged breach of contract and business torts. A nine day jury trial resulted in a verdict requiring the client to pay less than 10% of the counterclaim damages sought.
Defeated $2.5 million fraud claim against national steel company
Represented national steel erection company in defense of multiple claims by steel fabricator in excess of $2.5 million. Fabricator claimed oral modifications to the contract and fraud. Defeated all fraud allegations and over 90% of contract based claims in week long arbitration.
Intellectual property claim resolved for manufacturer
Defended LLC entities and individual members in an action brought by a former member concerning ownership of intellectual property rights to heating and air conditioning technology. Obtained favorable confidential settlement.
$12 million workout for commercial borrower
Represented company and individual guarantor in defense of action by bank to collect deficiency, interest, and attorney's fees in the amount of $12 million against corporation and individual on the basis of personal guarantees. Negotiated successful work-out with bank, avoiding personal bankruptcy of client, resulting in significant write-down by bank, and renegotiation of loan at acceptable debt level and terms.
$30 million environmental mass tort claims against Beatrice dismissed
Represented defendant Beatrice Company in complex environmental case where plaintiff claimed $30 million in damages in connection with acquisition and divestiture of a foundry plant; summary judgment granted in favor of defendant on all counts and affirmed by Seventh Circuit.