Walid Jammal v. Am. Family Ins. Co.

The only issue in this interlocutory appeal is whether Plaintiffs are "employees" or "independent contractors" for purposes of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq . The majority holds that Plaintiffs are independent contractors based on its analysis of the factors set forth by Nationwide Mut. Ins. Co. v. Darden , 503 U.S. 318 , 112 S.Ct. 1344 , 117 L.Ed.2d 581 (1992). However, because the majority (1) adopts an incorrect standard of review for district court determinations regarding whether and to what extent the Darden factors support…