Prior to going before the U.S. Supreme Court, Jack Gross v. FBL Financial Group made an appearance at Drake University.
The age discrimination case was heard in the Eighth Circuit Court of Appeals, which was held at the Drake Legal Clinic in November 2007.
“Our students had the chance to hear arguments, as well as talk to attorneys and judges,” said John Edwards, associate dean of the law school. “This kind of exposure to a case that ultimately was decided by the Supreme Court provided students an incredible opportunity to see the law in action.”
Both sides of the case also involved Drake University Law School graduates. Frank Harty, LW ’84, was part of the team representing FBL Financial and Michael Carroll, LW ’89, was part of the team representing Gross.
In a 5-4 vote in June, the Supreme Court found in favor of FBL Financial. The majority opinion ruled that the burden of proof in a discrimination claim made under the Age Discrimination in Employment Act lies with the plaintiff, not the employer.