Case Update – October 7, 2021: On Thursday, October 7, 2021, the U.S. Supreme Court denied our second petition for a Writ of Certiorari. The denial was not accompanied by reasoning as to why the Court decided not to accept the case for review and is not an indication of the Supreme Court’s views on the merits of the case.
Unfortunately, it does mean that we have exhausted our avenues for appeal and the Sixth Circuit’s decision will remain in effect. As a result, the District Court will enter a final order of judgment in American Family’s favor in due course. We are extremely disappointed with this result, particularly in light of the success achieved for the Plaintiffs and the Class in at trial.
Court: United States Court of Appeals for the Sixth Circuit
Jammal, et al. v. American Family Insurance Case No.: 17-4125
WBE, along with its co-counsel, Hansen Reynolds Dickinson Crueger, the Law Office of Greg Coleman, and Landskroner Grieco Merriman, is litigating a class action lawsuit filed in the United States District Court for the Northern District of Ohio on behalf of current and former insurance agents who were hired by American Family Insurance to sell the company’s insurance products but were denied benefits under the Employment Retirement Income Security Act (ERISA).
The Complaint alleges that American Family improperly classifies its agents as independent contractors when they are actually employees, reserving the right to exercise complete control over every important aspect of the agent-employees’ businesses. Examples of American Family’s control include, but are not limited to, maintaining ownership over their books of business, requiring them to sell only American Family insurance (excluding even products that American Family does not offer), requiring them to follow American Family’s policies and procedures, and controlling the day-to-day operations of every aspect of the agent-employee’s business, such as business hours, computer and telephone systems, and who the agent-employee can hire and fire.
On March 2, 2016, Judge Donald C. Nugent granted Plaintiffs’ Motion for Class Certification, which will allow WBE and its co-counsel to present evidence common to the agent-employees at a trial currently scheduled to begin on January 23, 2017.
If you are a current or former agent of American Family who would like more information about this case, you may contact us by completing the online form or by calling 312-346-2222.
To view a copy of the Complaint, please click here. To view a copy of the Class Certification Order, please click here.