High Court Still Won’t Take Up ERISA Misclassification Suit

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Publish Date:
January 27, 2020
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Law360
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Summary

The U.S. Supreme Court on Monday stood by its decision not to review the Sixth Circuit’s finding that thousands of American Family Insurance agents were independent contractors in their ERISA suit claiming they should have been classified as benefits-eligible employees.

The class of roughly 7,200 insurance agents in January asked the high court to reconsider its decision to turn away their Employee Retirement Income Security Act case against American Family Insurance Co., arguing the justices had agreed to review a case with a “closely analogous issue” in June.

The class is represented by Charles J. Crueger and Erin K. Dickinson of Crueger Dickinson LLC, Edward A. Wallace and Kara A. Elgersma of Wexler Wallace LLP and Brian H. Fletcher, Jeffrey L. Fisher and Pamela S. Karlan of the Stanford Law School Supreme Court Litigation Clinic.

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