Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Gross v. FBL Financial Services, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
08-441 8th Cir. Mar 31, 2009
Tr.
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.

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