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Decided

Gross v. FBL Financial Services, Inc.

Docket No.08-441
Op. Below8th Circuit
ArgumentMar 31, 2009

Judgment

Vacated and remanded, 5-4, in an opinion by Clarence Thomas on Jun 18, 2009.

Proceedings & orders timeline

Oct 1, 2008
Petition for a writ of certiorari filed. (Response due November 5, 2008)
Nov 4, 2008
Brief of respondent FBL Financial Services, Inc. in opposition filed.
Nov 5, 2008
Motion for leave to file amicus brief filed by National Employment Lawyers Association.
Nov 18, 2008
Reply of petitioner Jack Gross filed. (Distributed)
Nov 19, 2008
DISTRIBUTED for Conference of December 5, 2008.
Dec 5, 2008
Motion for leave to file amicus brief filed by National Employment Lawyers Association GRANTED.
Dec 5, 2008
Petition GRANTED.
Jan 13, 2009
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner.
Jan 14, 2009
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including January 26, 2009.
Jan 15, 2009
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondent.
Jan 26, 2009
SET FOR ARGUMENT ON Tuesday, March 31, 2009.
Jan 26, 2009
Joint appendix filed. (Statement of costs filed)
Jan 26, 2009
Brief of petitioner Jack Gross filed.
Jan 29, 2009
CIRCULATED.
Feb 2, 2009
Brief amicus curiae of United States filed. (Distributed)
Feb 2, 2009
Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)
Feb 2, 2009
Brief amicus curiae of American Association for Justice filed. (Distributed)
Feb 2, 2009
Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
Feb 2, 2009
Brief amicus curiae of AARP filed. (Distributed)
Feb 6, 2009
Record received from the U.S.C.A. for the 8th Circuit. (1 box)
Feb 7, 2009
U.S.D.C. for the Southern District of Iowa record is electronically filed.
Feb 23, 2009
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 25, 2009
Brief of respondent FBL Financial Services, Inc. filed. (Distributed)
Mar 4, 2009
Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed).
Mar 4, 2009
Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed).
Mar 4, 2009
Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)
Mar 4, 2009
Brief amicus curiae of National School Boards Association filed. (Distributed)
Mar 9, 2009
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 19, 2009
Reply of petitioner Jack Gross filed. (Distributed)
Mar 31, 2009
Argued. For petitioner: Eric Schnapper, Seattle, Wash.; and Lisa S. Blatt, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: Carter G. Phillips, Washington, D.C.
Jun 18, 2009
Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined.
Jul 20, 2009
JUDGMENT ISSUED.
Jul 20, 2009
Record returned to the U.S.C.A. for the Eigth Circuit.

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