071490P.pdf   11/30/2009  Jack Gross  v.  FBL Financial Services
   U.S. Court of Appeals Case No:  07-1490
                          and No:  07-1492
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Melloy and Benton, Circuit Judges]
   Civil case - Employment Discrimination. On remand from the Supreme
   Court. See Gross v. FBL Financial Services, Inc., 129 S.Ct. 2343 (2009).
   For the court's earlier opinion in the matter, see Gross v. FBL Financial
   Services, Inc., 526 F.3d 356 (8th Cir. 2008). As the burden of persuasion
   never shifts to the defendant in an ADEA case, the instruction in this
   case, which the jury was likely to interpret as shifting the burden of
   persuasion to FBL if Gross proved by a preponderance of the evidence
   that age was a motivating factor in the decision to demote him, was
   erroneous, and FBL was entitled to a new trial; instruction was not a
   proper statement of Iowa law under the Iowa Civil Rights Act; on
   remand, the new trial should be limited to the issues of liability and
   damages for lost compensation.
  
071490P.pdf   05/14/2008  Jack Gross  v.  FBL Financial Services
   U.S. Court of Appeals Case No:  07-1490
                          and No:  07-1492
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Melloy and Benton, Circuit Judges]
   Civil case - employment discrimination. In the absence of direct
   evidence that age played a substantial role in an adverse employment
   decision, the instructions the district court gave in this age discrimination
   case improperly shifted the burden of persuasion; Section 2002-e-2(m) of
   Title VII does not apply to claims arising under the ADA; the jury verdict
   in plaintiff's favor is set aside, and the case is remanded for further
   proceedings.