VOGT v. STATE FARM LIFE INS. CO.

No. 18-3419, No. 18-3434.

963 F.3d 753 (2020)

Michael G. VOGT, Plaintiff-Appellee v. STATE FARM LIFE INSURANCE COMPANY, Defendant-Appellant. Washington Legal Foundation; Chamber of Commerce of the United States of America; American Council of Life Insurers Amici on Behalf of Appellant(s). Public Citizen Amicus on Behalf of Appellee(s). Michael G. Vogt, Plaintiff-Appellant v. State Farm Life Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 26, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee and appeared on the brief was Todd Noteboom , of Minneapolis, MN. The following attorney(s) also appeared on the appellant/cross appellee brief; William L. Greene , of Minneapolis, MN., Jeremy Root , of Jefferson City, MO., Douglas W. Dunham , of New York, NY., Ellen P. Quackenbos , of New York, NY.

Counsel who presented argument on behalf of the appellee/cross appellant and appeared on the brief was Bradley Wilders , of Kansas City, MO. The following attorney(s) also appeared on the appellee/cross-appellant brief; Norman Siegel , of Kansas City, MO., John J. Schirger , of Kansas City, MO., Matthew W. Lytle , of Kansas City, MO., Lindsay Todd Perkins , of Kansas City, MO., Joseph M. Feierabend , of Kansas City, MO., and Ethan M. Lange , of Kansas City, MO.

The following attorney(s) appeared on the amicus brief of Washington Legal Foundation, in support of appellant/cross-appellee; Richard Abbott Samp , of Arlington, VA., and Cory L. Andrews , of Washington, DC.

The following attorney(s) appeared on the amicus brief of The Chamber of Commerce of the United States of America, in support of appellant/cross appellee; Steven P. Lehotsky , of Washington, DC., and Adam G. Unikowsky , of Washington, DC.

The following attorney(s) appeared on the amicus brief of The American Council of Life Insurers, in support of appellant/cross-appellee; David W. Ogden , of Washington, DC, Charles C. Platt , of New York, NY., Kelly Patrick Dunbar , of Washington, DC., and Kevin Matthew Lamb , of Washington, DC.

The following attorney(s) appeared on the amicus brief of Public Citizen in support of appellee/cross-appellant: Scott Lawrence Nelson, of Washington, DC., and Rylee K. Sommers-Flanagan , of Washington, DC.

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.


This case comes to us as a class action by over 25,000 life insurance policyholders who allege that State Farm Life Insurance Company (State Farm) impermissibly included non-listed factors in calculating Cost of Insurance (COI) fees assessed on life insurance policies. Following a jury trial, the jury returned a $34 million...

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