Supreme Court of the United States · Official docket →
Walid Jammal, et al. v. American Family Insurance Company, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-3226 · judgment March 18, 2021
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition citing three to ten dissents, and a dissent in the court below, and down for a business respondent.
Questions presented
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Does a court of appeals have jurisdiction under 28 U.S.C. § 1291 to decide an appeal from a final judgment that asks the court to reconsider its prior decision in the same case?
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What is the standard of review for the mixed question of whether a worker is an “employee” under the Employee Retirement Income Security Act of 1974 (ERISA): (i) clear error, as the Seventh and Tenth Circuits hold; (ii) a hybrid standard, as the Second and Eighth Circuits hold; or (iii) de novo, as the Sixth Circuit held here?
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In Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318 (1992), the Court held that when Congress used the term “employee” in ERISA, Congress adopted the common-law agency definition of the word. May a court nonetheless modify Darden’s common-law test for an “employee” to suit ERISA’s perceived purpose and goals?
Counsel of record
For petitioner
Charles J. Crueger
CRUEGER DICKINSON LLC
For respondent
Lauren Suzanne Kuley
Squire Patton Boggs (US) LLP
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 4, 2021 · Certiorari denied
Proceedings
- Oct 04 2021Petition DENIED.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Sep 06 2021Waiver of right of respondents American Family Insurance Company, et al. to respond filed.
- Aug 12 2021Petition for a writ of certiorari filed. (Response due September 15, 2021)