Firm News:

Miller Schirger Wins $883,465 for Client

January 31, 2019

Miller Schirger attorneys Steve Miller and Toby Hausner obtained an $883,465 award on behalf of Berkel & Company Contractors, Inc. against Phillips Hardy, Inc., following a one-week arbitration hearing.

Berkel, a specialty deep foundations, shoring, and ground improvement subcontractor, installed sheeting and shoring on two highway projects for Phillips Hardy, a regional general contractor. Phillips Hardy refused to pay Berkel in full, claiming Berkel delayed the projects.

The arbitrator rejected Phillips Hardy’s claims and awarded Berkel its full contract balances, its additional delay damages, plus attorney fees, costs, and interest.

“We are thrilled to have obtained such a complete victory for our client, who was finally made whole,” said Miller.

Greg Righter, Berkel’s President, was ecstatic. “We are obviously very pleased with the outcome.  We attribute such a convincing award to Miller Schirger’s extraordinary preparation and attention to detail.”

“The business realities of the construction industry often make it difficult for subcontractors to take a stand against hard-nosed, stronghanded tactics intended to force subcontractors to walk away from amounts they are entitled to,” Hausner added. “In this case, our client’s courage and perseverance were rewarded.”

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Miller Schirger Attorneys Honored for Top 5 Missouri Verdict in 2018

January 25, 2019

Miller Schirger partners John Schirger, Matt Lytle and Joe Feierabend were honored by Missouri Lawyers Weekly for their efforts in securing a Top 5 Verdict in Missouri in 2018.  The lawyers obtained a jury verdict of $34.3 million for the plaintiff class of life insurance policy owners in Vogt v. State Farm Life Insurance Company.  The jury found that State Farm systematically overcharged its policy owners in violation of the terms of the policy.  The 2019 Missouri Lawyers Award ceremony was held January 25, 2019 in St. Louis.  

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Life Insurance Class Action Settles for $59.75 Million

August 01, 2018

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.  (more…)

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Missouri Class Certified in State Farm Life Insurance Litigation

April 24, 2018

On April 20, 2018, a Missouri class action against State Farm Life Insurance Company was certified as a class by a federal court.  The life insurance product at issue is State Farm’s Flexible Premium Adjustable Whole Life Insurance Policy, Form no. 94030.  (more…)

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Missouri Class Certified in Guardrail Litigation

December 08, 2017

On December 6, 2017, a Missouri class action consisting of Missouri counties and others was certified against Trinity Industries, Inc. and Trinity Highway Products, LLC (“Trinity”).  The product at issue is Trinity’s ET-Plus guardrail end terminals. (more…)

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Schirger Certified as Lifetime Member of the Multi-Million Dollar Advocates Forum®, The Top Trial Lawyers in America®

November 17, 2017

MMDA high resThe Multi-Million Dollar Advocates Forum®, which recognizes one of the most prestigious groups of trial lawyers in the United States, is pleased to certify John J. Schirger, founding partner of Miller Schirger LLC, as a lifetime member. Forum membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, or settlements. Forum membership encompasses excellence in advocacy. Fewer than 1% of U.S. attorneys are members. For over 25 years, John has represented businesses and individuals nationwide in cases involving business and commercial disputes, securities litigation matters and class actions.

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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.

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$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…)

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Legal Updates:

The Disputed Landscape of Arbitration Clauses in Consumer Contracts

April 21, 2017

In May 2016, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would ban mandatory arbitration clauses from consumer financial companies’ contracts. The CFPB proposal would apply to most consumer financial markets that involve lending money, storing money, and moving or exchanging money. (more…)

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VW Emissions Cheating Scandal – UPDATE

April 20, 2017

In the aftermath of the emissions cheating scandal, Volkswagen AG is on clean-up, figuratively and literally, after formally pleading guilty in Michigan federal court to three criminal charges on March 10, 2017, and agreeing to pay $4.3 billion in penalties as per the settlement agreement reached with the U.S. Department of Justice and U.S. Customs and Border Protection in January.  As well, under a consent decree issued by the USDOJ and EPA in conjunction with the settlement, VW must also meet a recall rate of 85 percent and pay $225 million to remediate the environmental effects of the excess emissions. (more…)

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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…)

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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…)

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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…)

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