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Today's rulings of note from Seventh Circuit Judge Richard A. Posner

Today's rulings of note from Seventh Circuit Judge Richard A. Posner: In an "in chambers" order, Judge Posner rejects plaintiffs' motion to strike the entire fact section from the defendants' appellate brief. The plaintiffs' motion challenged the fact section of defendants' brief as overly argumentative. The motion arose in a case challenging the constitutionality of Wisconsin's practice of allowing only graduates of the two law schools located in Wisconsin the privilege of being admitted to the Wisconsin bar without taking an examination. Judge Posner's order concludes by noting that "even the plaintiffs, in the (very brief) statement of facts section in their brief, quote from a judicial decision and from an online interview with a judge." Perhaps the online interview is this one (see question 9 and the accompanying answer)?

And in an opinion issued today on behalf of a unanimous three-judge panel, Judge Posner reverses the class certification of an action alleging that Sears Kenmore clothes dryers were deceptively advertised as containing "stainless steel" drums in which the clothing is dryed when in fact the drums are only partially made of stainless steel. The opinion contains a useful discussion of the pros and cons of class actions and also reveals that none of the wives of the judges on the panel was concerned about rust stains on clothing in their dryers.

Full post as published by How Appealing on October 28, 2008 (boomark / email).