Gross v. FBL Financial Services, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-441 | 8th Cir. | Mar 31, 2009 | Jun 18, 2009 | 5-4 | Thomas | OT 2008 |
Issue: Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Clarence Thomas on June 18, 2009.
SCOTUSblog Coverage
- Court rejects DNA access claim (Lyle Denniston, June 18, 2009)
- Argument Preview: Gross v. FBL Financial Services (Kevin Russell, March 30, 2009)
Briefs and Documents
Merit briefs
- Brief for Petitioner Jack Gross
- Brief for Respondent FBL Financial Services, Inc.
- Reply Brief for Petitioner Jack Gross
Amicus Briefs
- Brief for AARP in Support of Petitioner
- Brief for The American Association for Justice in Support of Petitioner
- Brief for the Lawyers’ Committee for Civil Rights Under Law, the Asian American Justice Center, the Mexican American Legal Defense and Education Fund, the National Partnership for Women & Families, and the National Women’s Law Centerin Support of Petitioner
- Brief for The National Employment Lawyers Association in Support of Petitioner
- Brief for The United States of America in Support of Petitioner
- Brief for Equal Employment Advisory Council in Support of Respondent
- Brief for National School Boards Association in Support of Respondent
- Brief for the National Federation of Independent Business Small Business Legal Center and Society for Human Resource Management in Support of Respondent
- Brief for the Chamber of Commerce of the United States of America in Support of Respondent
Certiorari-Stage Documents
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief of National Employment Lawyers Association (in support of petitioner)
Merit briefs
- Brief for Petitioner Jack Gross
- Brief for Respondent FBL Financial Services, Inc.
- Reply Brief for Petitioner Jack Gross
Amicus Briefs
- Brief for AARP in Support of Petitioner
- Brief for The American Association for Justice in Support of Petitioner
- Brief for the Lawyers’ Committee for Civil Rights Under Law, the Asian American Justice Center, the Mexican American Legal Defense and Education Fund, the National Partnership for Women & Families, and the National Women’s Law Centerin Support of Petitioner
- Brief for The National Employment Lawyers Association in Support of Petitioner
- Brief for The United States of America in Support of Petitioner
- Brief for Equal Employment Advisory Council in Support of Respondent
- Brief for National School Boards Association in Support of Respondent
- Brief for the National Federation of Independent Business Small Business Legal Center and Society for Human Resource Management in Support of Respondent
- Brief for the Chamber of Commerce of the United States of America in Support of Respondent
Certiorari-Stage Documents
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply
- Brief of National Employment Lawyers Association (in support of petitioner)