6th Circuit Denies American Family Insurance Petition for Review

On October 26, 2017, the 6th Circuit Court of Appeals denied American Family’s petition for review of the denial of the request to decertify the class and granted American Family’s petition for review of the advisory jury’s verdict, confirmed by Judge Nugent, that American Family agents were employees for ERISA purposes. The 6th Court will now set a briefing schedule for the parties to present their arguments, based on the trial record, on the classification question. The 6th Circuit has made no ruling yet on that question, but only decided that it will consider it at this stage.