The United States Court of Appeals for the Seventh Circuit has issued an order in the case Thorogood v. Sears, Robebuck & Co. The 3-judge panel — Judges Posner, Kanne and Evans — writes:
[I]n view of the accusations leveled in the petition [for panel rehearing and rehearing en banc] by the plaintiff’s lawyer, Clinton A. Krislov, against the panel’s decision, we have decided that a further statement, beyond merely reporting the denial of the petition, would be helpful to readers of the panel opinion.
About the plaintiff’s lawyer, the judges say:
Mr. Krislov is the colorful attorney (and Illinois politician) who in the oral argument of the first appeal in this lawsuit about alleged rust stains in clothes dryers sold by Sears Roebuck asked us to quiz our wives as to whether they worry that a “stainless steel“ clothes dryer might cause rust stains on the clothes being dried unless the dryer’s drum was made entirely of stainless steel. The wives unanimously answered “no.” Given Krislov’s challenge (ask your wives), that should have ended this litigation. (And speaking of gender, we note Krislov’s remark at the oral argument: “Not to be sexist, your honor, but maybe we should have this en banc so some of the female judges on this court could sit and might weigh in.” This may be an unacknowledged ground on which he is seeking not only panel rehearing but rehearing en banc.)
Emphasis in the original. Citations omitted. Full order here.
H/T Ralph Stein.