1. Does a court of appeals have jurisdiction under 28
U.S.C. § 1291 to decide an appeal from a final judgment
that asks the court to reconsider its prior decision in the
same case?

2. What is the standard of review for the mixed
question of whether a worker is an "employee" under the
Employee Retirement Income Security Act of 1974
(ERISA): (i) clear error, as the Seventh and Tenth
Circuits hold; (ii) a hybrid standard, as the Second and
Eighth Circuits hold; or (iii) de novo, as the Sixth Circuit
held here?

3. In Nationwide Mut. Ins. Co. v. Darden, 503 U.S.
318 (1992), the Court held that when Congress used the
term "employee" in ERISA, Congress adopted the
common-law agency definition of the word. May a court
nonetheless modify Darden's common-law test for an
"employee" to suit ERISA's perceived purpose and goals?

Does a court of appeals have jurisdiction to reconsider its prior decision?