7th Circuit Answers Lawyer Who Told Panel of Judges to “Ask Your Wives” About Washing Machines

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.

-Bridget Crawford