Joseph M. Feierabend

About Joe

Joe’s extensive legal experience includes litigating complex, commercial cases and numerous class actions in state and federal courts throughout the United States. From coast-to-coast Joe has represented clients in obtaining multi-million-dollar jury verdicts at trial and nationwide class action settlements totaling hundreds-of-millions of dollars in aggregate compensation, including results in just the last two years exceeding $500 million in cash value.

Joe has appeared on behalf of individuals, businesses, and hundreds-of-thousands of plaintiff class members in more than twenty different state and federal jurisdictions nationwide in disputes involving breach of contract, business torts, and other commercial claims. His expertise extends to high-stakes, complex commercial cases, as well as insurance disputes, personal injury claims, and claims asserting violations of constitutional rights, among others.

Joe has been recognized with the Up & Coming lawyer award by Missouri Lawyers Media as well as a Rising Star by Super Lawyers. He is a multi-time recipient of Missouri Lawyers Awards for top 5 verdicts and settlements in the state of Missouri. Joe is also peer rated by Martindale-Hubbel as “AV” (“Preeminent”) for high ethical standing and the “Highest Level of Professional Excellence.”

Before founding Schirger Feierabend LLC, Joe was a partner with Miller Schirger LLC with whom he worked for nearly 14 years. There, he was part of a class action practice group that achieved jury verdicts and settlements resulting in cash compensation and other benefits totaling more than $2 billion in combined value.

Joe is a native of Kansas City, Missouri, and a graduate of Rockhurst High School. He obtained his B.B.A. degree from the University of Notre Dame where he majored in accounting and obtained his J.D. from the University of Missouri School of Law, where he focused his studies in the areas of finance and tax. Joe lives in Overland Park, Kansas with his wife Meghan and their two children.

Class Action – Secured a nationwide $325 million cash settlement on behalf of 760,000 universal life insurance policyholders against State Farm Life Insurance Company. The settlement resulted from consolidating eleven class actions against State Farm that were litigated for more than six years in federal district courts in Arizona, California, Florida, Georgia, Minnesota, Missouri, New York, Oregon, Texas, and Washington in which the plaintiffs alleged that State Farm systematically overcharged them for decades. The settlement is the largest known class action settlement paid by State Farm and the largest settlement reached in cost of insurance litigation. Rogowski v. State Farm Life Ins. Co., No. 4:22-cv-00203-RK (W.D. Mo.).

Class Action – 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 had a total face amount of death benefits estimated at $2.25 billion, with a market value of approximately $171.8 million. Bezich v. The Lincoln Nat. Life Ins. Co., No. 02C01-0906-PL-73 (Allen Co, IN).

Class Action – Represented plaintiff in 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. Lincoln Nat'l. Life Ins. Co. v. Bezich, 610 F.3d 448 (7th Cir. 2010).

Class Action – Settled a nationwide class action lawsuit for $90 million cash on behalf of 120,000 policyholders asserting policy overcharges and claims for breach of contract against USAA Life Insurance Co. Spegele v. USAA Life Insurance Co., No. 5:17-CV-00967-OLG (W.D. Tex.).

Class Action – Secured a nationwide $65 million cash settlement on behalf of 450,000 universal life insurance policyholders asserting policy overcharges against State Farm Life Insurance Company. Niewinski v. State Farm Life Ins. Co., No. 2:23-cv-4159 (W.D. Mo.).

Class Action – Secured a nationwide $59.75 million cash settlement on behalf of 103,000 policyholders against John Hancock Life Insurance Company (U.S.A.) over alleged life insurance policy overcharges. Larson v. John Hancock Life Ins. Co., Case No. RG16 813803 (Superior Court of California, County of Alameda).

Class Action – After two hours of deliberations a Missouri federal court jury awarded $34.3 million to policyholders in a class action trial. The class action was brought on behalf of approximately 24,000 current and former policyholders against State Farm Life Insurance Company. The jury found that State Farm systematically overcharged its policyholders for 23 years. Vogt v. State Farm Life Insurance Co., No. 2:16-cv-04170-NKL, (W.D. Mo.). The case was affirmed on appeal and the United States Supreme Court refused to review the case. Vogt v. State Farm Life Insurance Co., 963 F.3d 753 (8th Cir. 2020), cert. denied, No. 20-1008, 2021 WL 1521013 (U.S. Apr. 19, 2021).

Class Action – Secured a statewide $56 million cash settlement on behalf of Missouri counties with populations of 10,000 or more that had ET-Plus guardrail end terminals on its roads. The lawsuit alleged theories of product liability and negligence against defendants Trinity Industries Inc. and Trinity Highway Products LLC. Jackson County, Missouri v. Trinity Industries, Inc. and Trinity Highway Products, LLC, No. 1516-CV23684 (Circuit Court of Jackson County, MO).

Business Litigation – Represented individual and brought action to recover on claims arising from breach of settlement agreement and non-compliance with judgment of a Missouri circuit court. A favorable settlement was reached soon after initiating enforcement proceedings with the court.

Business Litigation – Represented business in contract dispute with multinational insurance brokerage. Negotiated and obtained a settlement in client's favor, without filing a lawsuit.

Civil Rights – Represented plaintiff in a tort/civil rights action which alleged 12 claims against police, hospital and the doctors who treated plaintiff in the emergency room, the municipality emergency services personnel and the municipality which employed the individual defendants. The claims included Excessive Force, Unlawful Seizure, False Arrest, Unlawful Search, Interference With and Denial of Medical Care, Delay of Plaintiff’s Release, Municipal Liability, Assault, Battery, Intentional Infliction of Emotional Distress, False Imprisonment, and Negligence, and sought relief for violation of civil rights secured by 42 § U.S.C. 1983. The defense settled with plaintiff for relief of $11.4 million. (W.D. Missouri – Kansas City, 2018)

Property Insurance Litigation – Represented plaintiffs in various disputes regarding defendant insurance companies’ failure to pay on property loss claims. Favorable outcomes have been reached for clients soon after initiating lawsuits.

Intellectual Property Litigation – Represented plaintiff in a trademark infringement case resulting in a positive outcome ensuring protection of client’s intellectual property rights into the future.

Property Rights Litigation – Represented plaintiff in dispute involving rights to use of land and alleged adverse possession, among other claims; negotiated and obtained a favorable settlement for client.
Securities Litigation – Represented plaintiff bank in dispute with its broker-dealer. The dispute involved the marketing and sale of asset-backed securities. Confidential settlement was reached for client resulting in a substantial recovery.