Record returned to the U.S.C.A. for the Eigth Circuit.

JUDGMENT ISSUED.

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. B...

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. Breye

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.

Reply of petitioner Jack Gross filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed).

Brief amicus curiae of National School Boards Association filed. (Distributed)

Brief amici curiae of National Federation of Independent Business Small Business Legal Center, et al. filed. (Distributed)

Brief amicus curiae of Equal Employment Advisory Council filed. (Distributed).

Brief of respondent FBL Financial Services, Inc. filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

U.S.D.C. for the Southern District of Iowa record is electronically filed.

Record received from the U.S.C.A. for the 8th Circuit. (1 box)

Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)

Brief amicus curiae of United States filed. (Distributed)

Brief amici curiae of Lawyers' Committee for Civil Rights Under Law, et al. filed. (Distributed)

Brief amicus curiae of American Association for Justice filed. (Distributed)

Brief amicus curiae of AARP filed. (Distributed)

CIRCULATED.

Brief of petitioner Jack Gross filed.

Joint appendix filed. (Statement of costs filed)

SET FOR ARGUMENT ON Tuesday, March 31, 2009.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the respondent.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including January 26, 2009.

Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for the petitioner.

Motion for leave to file amicus brief filed by National Employment Lawyers Association GRANTED. (orders list)

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of December 5, 2008.

Reply of petitioner Jack Gross filed. (Distributed)

Motion for leave to file amicus brief filed by National Employment Lawyers Association.

Brief of respondent FBL Financial Services, Inc. in opposition filed.

Petition for a writ of certiorari filed. (Response due November 5, 2008)

Jack Gross, Petitioner, represented by Eric Schnapper

FBL Financial Services, Inc., Respondent, represented by Carter G. Phillips

FBL Financial Services, Inc., Respondent, represented by Frank B. Harty

Lawyers' Committee for Civil Rights Under Law, Respondent, represented by Michael L. Foreman

AARP, Amicus Curiae, represented by Thomas W. Osborne

American Association for Justice, Amicus Curiae, represented by Jeffrey L. Needle

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Glen D. Nager

Dr. Nelson P. Valdes, et al., Amicus Curiae, represented by Nancy Hollander

Equal Employment Advisory Council, Amicus Curiae, represented by Rae T. Vann

Jack Gross v. FBL Financial Services, Inc., Amicus Curiae, represented by Lisa S. Blatt

National Employment Lawyers Association, Amicus Curiae, represented by Douglas B. Huron

National Employment Lawyers Association, Amicus Curiae, represented by Donna R. Lenhoff

National Federation of Independent Business Small Business Legal Center, et al., Amicus Curiae, represented by Alan D. Berkowitz

National School Boards Association, Amicus Curiae, represented by Francisco M. Negron Jr.

United States, Amicus Curiae, represented by Elena Kagan