(Case No. 1:13 CV 437)
United States District Court for the Northern District of Ohio Eastern Division
If you are a current or former American Family Insurance Agent, your legal rights may be affected.
This website has been created to inform you of the class action lawsuit entitled Jammal, et al. v. American Family Ins. Group, et al., Case No. 1:13 CV 437, which is pending in the United States District Court for the Northern District of Ohio Eastern Division, before the Honorable Judge Donald C. Nugent (the “Litigation”). Notice of this class action lawsuit has been issued, because a Court has "certified" this case to proceed to trial as a class action lawsuit on issues of liability under Rule 23 of the Federal Rules of Civil Procedure and your rights may be affected. If you are a current or former agent who falls within one or more of the Class definitions listed in the Notice, you may have legal rights and options that you can exercise before the Court decides whether the claims being made against American Family on your behalf are correct.
Please carefully review the information on this website, including the Frequently Asked Questions page, for answers to questions you may have. If you have further questions, contact information for the Claims Administrator is available on the Contact Us page. Please do not call the Court, American Family Insurance Group or American Family Insurance Group’s counsel with questions.
The Court held a jury trial starting on April 3, 2017. On April 18, the jury decided that American Family’s agents were employees for purposes of ERISA. On August 1, the Court confirmed the jury's verdict and also denied American Family's request to decertify the class. The Court's Opinion holding that American Family agents are employees for ERISA purposes can be found in the "Case Documents" section of this website.
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.
Your Legal Rights and Options in this Lawsuit
Stay in this lawsuit. Await the outcome.If you want to stay in the lawsuit, you don’t have to do anything. You will automatically remain a Class member and your interests will be represented by the named Plaintiffs and Class Counsel. You will give up your right to bring your own case against the American Family for the claims included in this lawsuit that seek money damages. If this case settles or the Court enters a final judgment, you will be bound by that settlement or judgment.
|ASK TO BE EXCLUDED||
Get out of this lawsuit. Retain the right to bring your own lawsuit.If you ask to be excluded from the Class, you will neither benefit nor be bound by any settlement or judgment, favorable or unfavorable. You can, if you choose, bring your own lawsuit against American Family for the claims included in this lawsuit that seek money damages. To ask to be excluded, you must act by February 21, 2017.