Firm News:

John Schirger Appointed Co-Lead Counsel in Ski Pass Insurance MDL

December 22, 2020

On December 10, 2020, Judge Yvonne Gonzalez Rogers, U.S. District Court for the Northern District of California, selected Miller Schirger partner John Schirger as Co-Lead and Interim Class Counsel for all Plaintiffs in the multidistrict litigation styled – In Re: United Specialty Insurance Company Ski Pass Insurance Litigation.

Consumers who purchased ski pass insurance filed lawsuits nationwide against United Specialty Insurance Company for refusing to reimburse policyholders who were unable to use their ski passes during the entire 2019-2020 ski season due to the COVID-19 pandemic. Cases were consolidated and transferred to Judge Gonzalez Rogers by the Judicial Panel on Multidistrict Litigation. Several law firms competed for lead counsel status.

The full order by the Hon. Judge Rogers can be found here.

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Thomson Reuters 2020 Super Lawyers and Rising Stars Honors Attorneys at Miller Schirger

November 24, 2020

Thomson Reuters has honored three Miller Schirger attorneys in its Missouri and Kansas Super Lawyers 2020 edition, including founding partners Steve Miller and John Schirger, and partner Matt Lytle. The 2020 edition of Missouri and Kansas Rising Stars has honored partner Joseph Feierabend and associate Toby Hausner.

Steve Miller has been recognized by Super Lawyers in the area of construction litigation since its inception in 2005. He is also honored to be chosen as one of the Top 50 Kansas City Attorneys in 2015 and 2016, and one of the Top 100 Missouri and Kansas Attorneys from 2013-2017 and 2020. In the area of business litigation, John Schirger has been recognized by Super Lawyers since 2011 and has previously been recognized as a Top 100 Missouri and Kansas Attorney. Matt Lytle, a former Rising Star (2011-2012), has been recognized by Super Lawyers in the area of class action/mass torts since 2013.

Joseph Feierabend and Toby Hausner are second-year honorees to the Rising Stars list. Eligibility for inclusion on the Rising Stars list is based on the candidate being either 40 years old or younger, or in practice of law for 10 years or less. The top 2.5 percent of attorneys make the Rising Stars list in each state.

Candidates for Super Lawyers are identified through peer nomination, evaluation and independent research. The attorneys are evaluated on 12 indicators of professional achievement and peer recognition, including experience, representative clients, verdicts and settlements, honors and awards, and pro bono and community service. The top 5 percent are selected to Super Lawyers.

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Schirger Named to Missouri Lawyers’ Media’s “The Power List” for Commercial and Consumer Law

November 02, 2020

November 2, 2020

Missouri Lawyers Media has named John J. Schirger to its Power List for Commercial and Consumer Litigation. The Power List denotes attorneys who have distinguished themselves through notable jury trial outcomes, significant settlements (both in class action suits and individual claims), and set forth critical precedents. The selection process by Missouri Lawyers Media of the 30 most powerful commercial and consumer attorneys in Missouri is honed through research on verdicts and settlements, and interviews of attorneys and other leaders around the state.  Commercial and Consumer attorneys often champion the underdog and, in some cases, the individual’s claim becomes a class action which can effect prominent change for the masses.

For over 25 years, John has represented businesses and individuals nationwide in cases involving business and commercial disputes, securities litigation matters and class actions.

https://molawyersmedia.com/2020/10/26/the-power-list-commercial-and-consumer-law/

 

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Federal District Court Issues Another Ruling in Favor of Business Owners in COVID-19 Business Interruption Insurance Litigation

October 05, 2020

October 5, 2020 — Miller Schirger, Stueve Siegel Hanson, Langdon & Emison, and Shaffer Lombardo Shurin recently secured another favorable ruling for business owners denied pandemic-related business interruption coverage by their insurers.

In May, the firms filed a lawsuit on behalf of four locally owned and Kansas City-based dental practices against their insurer, Owners Insurance Company, for refusing to provide coverage for losses from COVID-19. Owners Insurance responded by filing a motion to dismiss, arguing that the dental practices were not entitled to coverage.

But on September 21, 2020, Judge Stephen R. Bough, United States District Judge for the Western District of Missouri, denied Owners Insurance’s motion. This Order follows two others issued by Judge Bough, which were the first in the country in favor of insureds for COVID-19 related coverage.

Here the defendant raised a new argument, claiming that the policy did not cover the plaintiffs’ dental practices because one of them did not shut down completely, but continued to see emergency patients. Judge Bough rejected that argument, concluding that coverage can exist for a slowdown of business caused by COVID-19.

Miller Schirger and co-counsel are currently representing business owners nationwide against insurance companies in business interruption litigation in multiple jurisdictions. More information on this consortium of firms is available here:  https://www.businessloss.com/.

Read Judge Bough’s <Order> denying defendants’ motion to dismiss.

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Western District of Texas Court Certified Nationwide Class in Life Insurance Litigation

October 02, 2020

On September 23, 2020, the United States District Court for the Western District of Texas certified a nationwide class in an action against USAA Life Insurance Company.  The products at issue are Universal Life 3 and/or Universal Life 4 life insurance policies issued or administered by USAA Life Insurance Company that were active as of March 1999.

Plaintiffs allege that policyholders have been overcharged by USAA Life Insurance Company through cost of insurance and administrative charges within the policies, that USAA Life Insurance Company failed to reduce cost of insurance charges despite improving expectations of future mortality, and that USAA Life Insurance Company committed conversion of policyholder money, thereby engaging in conduct that Plaintiffs allege is unlawful and in breach of their policies.

The case is Roy Spegele vs. USAA Life Insurance Company and the plaintiffs are represented by Miller Schirger, Stueve Siegel Hanson and Girard Sharp. A copy of Judge Orlando L. Garcia’s Order granting class certification can be read <here>.

Miller Schirger has a successful record prosecuting class action cases alleging policy overcharges against the life insurance industry. Most recently, in June 2018, a jury awarded $34.3 million to State Farm Life Insurance policyholders at a class-action trial in Missouri which was affirmed on appeal in June 2020.In May 2018, a California Court approved a $59.75 million nationwide class action settlement against John Hancock Life Insurance Company (U.S.A.). In 2016, an Indiana Court granted final approval of a class action settlement valued at approximately $2.25 billion against The Lincoln National Life Insurance Company.

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Favorable Ruling in District Court Received for Business Owners in COVID-19 Business Interruption Insurance Litigation

August 19, 2020

Miller Schirger and co-counsel Stueve Siegel Hanson, Langdon & Emison, and Shaffer Lombardo Shurin recently obtained one of the first favorable rulings for business owners denied pandemic-related business interruption coverage by their insurers.

In June, the firms filed a lawsuit on behalf of K.C. Hopps, a locally owned Kansas City-based restaurant group against its insurer, The Cincinnati Insurance Company, for refusing to provide coverage for losses from COVID-19. Cincinnati responded by filing a motion to dismiss, arguing that K.C. Hopps was not entitled to coverage.

But on August 12, 2020, Judge Stephen R. Bough, United States District Judge for the Western District of Missouri, denied Cincinnati’s motion. In his Order, Judge Bough concluded that allegations that COVID-19 had deprived K.C. Hopps of its property by making it unsafe and unsuitable for customers and others to use, sufficiently stated a claim for coverage. Judge Bough’s Order, along with another Order he filed the same day, are the first rulings in the country in favor of insured for COVID-19 related coverage.

Miller Schirger and co-counsel Stueve Siegel Hanson, Langdon & Emison and Shaffer Lombardo Shurin are currently representing business owners nationwide against insurance companies in business interruption litigation in multiple jurisdictions. In addition, the firms most recently announced two additional class action filings on behalf of three higher education institutions who were similarly denied coverage of claims filed under their insurance policies related to COVID-19.

Read Judge Bough’s Order denying defendants’ motion to dismiss.

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Eighth Circuit Affirms $34.3M Jury Verdict Against State Farm Life Insurance Co.

June 26, 2020

Miller Schirger LLC and co-counsel Stueve Siegel Hanson LLP secured a victory at the Eighth Circuit Court of Appeals with affirmance of a $34.3 million jury verdict against State Farm Life Insurance Co. for overcharges on life insurance policies.  John Schirger, Matt Lytle and Joe Feierabend were the attorneys at Miller Schirger who handled both the trial and appeal on behalf of plaintiff and the class.  The Eighth Circuit Opinion in Michael Vogt vs. State Farm Life Insurance Company can be read <here>.

The case was filed in June 2016, in the Western District of Missouri on behalf of Michael Vogt and other individuals who owned flexible premium adjustable whole life insurance policies issued on State Farm Policy Form 94030.  The suit alleged that State Farm breached the policies by overcharging policyholders for cost of insurance and expense charges. The suit further alleged these breaches caused the policies to lose value and in many cases lapse, and many policyholders were without life insurance.  State Farm denied all liability or wrongdoing.

The trial commenced June 1, 2018 and the jury awarded $34.3 million to approximately 24,000 Missouri policyholders on June 6, 2018.  State Farm appealed asserting various errors with respect to summary judgment, class certification and evidentiary rulings, and Vogt cross-appealed on a pre-judgment interest issue.  Vogt prevailed on appeal on all issues, and the case was remanded to determine a pre-judgment interest amount.

Miller Schirger has a successful record prosecuting class action cases alleging policy overcharges against the life insurance industry.  In May 2018, Miller Schirger and co-counsel finalized a $59.75 million class action settlement in California of approximately 103,000 policyholders of a Flex-V policy sold by John Hancock Life Insurance Company (U.S.A.).  In March 2016, Miller Schirger and co-counsel announced that an Indiana court granted final approval of a nationwide class action settlement valued at approximately $2.25 billion against The Lincoln National Life Insurance Company.

 

Miller Schirger LLC is a Kansas City, Missouri based law firm focused on resolving complex disputes on behalf of businesses and individuals nationwide. The firm has a proven track record of success representing plaintiffs and defendants in state and federal trial and appellate courts, before administrative and regulatory tribunals, and in arbitration and other alternative dispute resolution proceedings nationwide.  www.millerschirger.com.

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Miller Schirger is Accepting COVID-19 Business Interruption Insurance Claims

April 21, 2020

The coronavirus crisis has resulted in business closures and interruptions nationwide. According to a recent MetLife and U.S. Chamber of Commerce report, a total of 54 percent of all small businesses are closed or could close in the near future as a result of the COVID-19 pandemic.

To protect themselves and their companies against precisely these types of closures, and the tremendous strain they place on their businesses, many business owners purchase business interruption insurance. Business interruption insurance policies are individually crafted to the insured’s business and are intended to pay for loss of business income due to necessary suspension or reduction of normal business operations.

A business owner’s coverage will depend on the insurer’s specific policy language, including various coverages and exclusions. Compensation may be available in cases where the federal or state government ordered businesses to close or reduce operations. Further compensation may be available where businesses have incurred additional costs to continue business operations, such as sanitation/disinfecting services or the purchase of equipment for remote work.

If you own a business that has been crippled by a government-mandated shutdown issued to slow the spread of the coronavirus, you are likely counting on your business interruption insurance to replace lost income, pay bills and cover payroll. It is anticipated, however, that the insurance industry will be denying business interruption insurance claims arising from this pandemic.

During this time of crisis, it is devastating to have an insurance company deny or severely underpay your business interruption insurance claim when the coverage you paid for should cover the losses your business has suffered. When your insurance company refuses to honor its insurance contract, it is critical to seek legal help immediately.

Miller Schirger is currently accepting business interruption insurance claims on behalf of business owners and institutions nationwide. Because a dispute with a large insurance company may be too large a financial burden or risk for businesses already struggling, our firm pursues business interruption insurance claims on a contingency-fee basis. We carry the costs of litigation, and you pay us nothing unless we obtain a recovery for you.

Miller Schirger has successfully litigated against some of the nation’s largest insurance companies for over 10 years.  Results matter, and our firm’s recent results against large insurance companies include the recovery of over $2.25 billion of client value (cash and policyholder benefits) and a $34 million jury verdict.

If you are a business owner and have been denied coverage for your business interruption insurance claim or otherwise want legal representation as you pursue your claim, contact us today for a free, no-obligation review of your potential business interruption insurance claim. We are here to help you navigate the legal system to seek maximum compensation for your claim.

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California Class Certified in State Farm Life Insurance Litigation

April 02, 2020

On April 2, 2020, a California 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 Universal Life Insurance Policy, Form 94030.

Plaintiff alleges that State Farm overcharged policyholders through cost of insurance and administrative charges within the policies, failed to reduce insurance charges despite improving expectations of future mortality, and committed conversion of policyholder money.

The case is Elizabeth A. Bally vs. State Farm Life Insurance Company and is pending in the United States District Court for the Northern District of California. The plaintiffs are represented by Miller Schirger and Stueve Siegel Hanson. A copy of Judge Charles R. Breyers Order granting class certification can be read <here>.

Miller Schirger has a successful record prosecuting class action cases alleging policy overcharges against the life insurance industry. Most recently, in June 2018, a jury awarded $34.3 million to State Farm Life Insurance policyholders at a class-action trial in Missouri. In May 2018, a California Court approved a $59.75 million nationwide class action settlement against John Hancock Life Insurance Company (U.S.A.). In 2016, an Indiana Court granted final approval of a class action settlement valued at approximately $2.25 billion against The Lincoln National Life Insurance Company.

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Thomson Reuters 2019 Super Lawyers and Rising Stars Honors Attorneys at Miller Schirger

November 25, 2019

Thomson Reuters has honored three Miller Schirger attorneys in its Kansas and Missouri Super Lawyers 2019 edition, including founding partners Steve Miller and John Schirger, and partner Matt Lytle. The 2019 edition of Missouri and Kansas Rising Stars has honored partner Joseph Feierabend and associate Toby Hausner.

Steve Miller has been recognized by Super Lawyers in the area of construction litigation since its inception in 2005. He is also honored to be chosen as one of the Top 50 Kansas City Attorneys in 2015 and 2016, and one of the Top 100 Missouri and Kansas Attorneys from 2013-2017. In the area of business litigation, John Schirger has been recognized by Super Lawyers since 2011 and has previously been recognized as a Top 100 Missouri and Kansas Attorney. Matt Lytle, a former Rising Star, has been recognized by Super Lawyers in the area of class action/mass torts since 2014.

Joseph Feierabend and Toby Hausner are both first-time honorees to the Rising Stars list. Eligibility for inclusion on the Rising Stars list is based on the candidate being either 40 years old or younger, or in practice of law for 10 years or less. The top 2.5 percent of attorneys make the Rising Stars list in each state.

Candidates for Super Lawyers are identified through peer nomination, evaluation and independent research. The attorneys are evaluated on 12 indicators of professional achievement and peer recognition, including experience, representative clients, verdicts and settlements, honors and awards, and pro bono and community service. The top 5 percent are selected to Super Lawyers.

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America’s Top 100 Bet-the-Company Litigators® Selects John J. Schirger to its Ranks

September 26, 2019

John J. Schirger, co-founding partner of Miller Schirger LLC, has been nominated to America’s Top 100 Bet-the-Company Litigators®. Selection to America’s Top 100 Bet-the-Company Litigators for each state is by invitation only and is comprised of the nation’s most exceptional trial lawyers for High Stakes Business Litigation matters.

Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor to join the most exclusive and elite level of High Stakes Business Litigators in the community. Recipients of this award have, at the minimum threshold, successfully litigated a case, either for plaintiff or defendant, that determined the fate of the business involved (with a minimum net worth of $2 million). Once candidates have met the above initial requirement for consideration, they are vetted through a multi-phase screening process using comprehensive Qualitative Comparative Analysis based on a broad array of criteria. These include the candidate’s professional experience, legal achievements, significant Business Litigation case results, peer reputation, and community impact.

For more than 25 years John has represented businesses and individuals nationwide in disputes concerning breach of contract, fraud, business torts, consumer protection, insurance and reinsurance, securities and commodities, whistle-blower claims, and environmental matters. He has successfully handled cases in federal or state courts in over 20 states, has argued before federal and state appellate courts, and has represented parties in AAA and Financial Industry Regulatory Authority (FINRA) arbitrations. John is currently representing clients in a wide variety of cases involving business and commercial disputes, securities litigation matters, and class actions. In these cases, his clients include business owners, individuals and family members, investors including community banks and hedge funds, and members of the Forbes 400.

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Stephen R. Miller Named to America’s Top 100 Bet-the-Company Litigators

September 09, 2019

Steve Miller, co-founding partner of Miller Schirger LLC, has been selected by America’s Top 100 Bet-the-Company Litigators®. Selection to America’s Top 100 Bet-the-Company Litigators for each state is by invitation only and is comprised of the nation’s most exceptional trial lawyers for high stakes business litigation matters.

Recipients of this award have, at the minimum threshold, successfully litigated a case, either for plaintiff or defendant, that determined the fate of the business involved (with a minimum net worth of $2 million). Once candidates have met the above initial requirement for consideration, they are vetted through a multi-phase screening process using comprehensive qualitative comparative analysis based on a broad array of criteria. These include the candidate’s professional experience, legal achievements, significant business litigation case results, peer reputation, and community impact. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor to join the most exclusive and elite level of high stakes business litigators in the community.

For more than 35 years Steve has handled a wide variety of business-related litigation with specific focus on construction-related matters. His practice has included precedent-setting and complex cases in which he has represented contractors, subcontractors, owners, engineers and architects.

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Kansas City Life Insurance Company Accused of Overcharging Policy Owners

June 18, 2019

Insurance company violated the terms of its life insurance policies, according to recent lawsuit

FOR IMMEDIATE RELEASE

June 18, 2019 (KANSAS CITY, MO) – A class action lawsuit has been filed against Kansas City Life Insurance Company alleging that Kansas City Life systematically overcharged policy owners for the cost of insurance and expense charges draining the cash values from their permanent life insurance. The unauthorized charges are comprised of hidden expenses – or “loads” – buried within the contractual policy charges that ultimately drain the policy’s cash value. Simply put: Money that should go to the policy owner’s savings is going instead to the insurance company. According to the lawsuit, the policies may become unaffordable, leaving policy owners without life insurance when it is needed the most.

These policies can be referred to in several ways:

  • Premium adjusted death benefit
  • Universal
  • Variable universal
  • Whole life
  • Variable whole life
  • Flexible premium

Improper overcharges and rate increases are a widespread problem in the life insurance industry, and they cost a typical policy owner significant money each month and year.

Stueve Siegel Hanson LLP and Miller Schirger, LLC, the law firms that filed the action, recently obtained a federal judgment against another life insurance company for more than $34 million, relating to similar policy overcharges. Collectively, the two firms have recovered more than $2 billion in cash relief and death benefits for life insurance policy owners nationwide. To learn more, visit www.lifeinsuranceproblems.com or call 888.816.2108.

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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.
(more…)

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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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