Jammal v. American Family Insurance Company
Petition for certiorari denied on December 9, 2019
Issue: (1) Whether a district court"s finding that a worker is an employee under the common-law test should be reviewed for clear error, as the U.S. Courts of Appeals for the 4th, 7th, 9th and 10th Circuits hold; using a hybrid standard, as the U.S. Courts of Appeals for the 2nd and 8th Circuits hold; or de novo, as the U.S. Court of Appeals for the 6th Circuit held here; and (2) whether the same traditional inquiry governs under all the statutes that incorporate the common-law test for employee status, as several circuits hold, or whether courts may modify the test based on the purpose of each statute, as the 6th Circuit held here.
SCOTUSblog Coverage
- Petitions of the week (Andrew Hamm, September 27, 2019)