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Appellate Practice

Posner Targets Lawyer’s Remark about Wives and Clothes Dryers (Take Our Poll)

Posted Oct 30, 2008 8:43 AM CST
By Debra Cassens Weiss

Updated: A lawyer’s remark during oral arguments that appeared to suggest only women wash and dry clothes apparently didn’t go over too well with Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals.

The lawyer, Clinton Krislov of Krislov & Associates in Chicago, was representing plaintiffs in a class action suit that contended Sears Roebuck engaged in deceptive advertising by touting its stainless steel clothes dryers without revealing that some parts could rust and stain clothes.

The Oct. 28 ruling (PDF posted by Above the Law) written by Posner decertified the class and had this dry observation: “At argument the plaintiff's lawyer, skeptical that men ever operate clothes dryers—oddly, since his client does—asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.”

Above the Law reported on Posner’s comment and said the lawyer evidently “thought this was still 1950.”

Krislov told the ABA Journal that his remark was not intended to suggest that men never do laundry. Instead, he said, he was merely suggesting that Posner and other male judges on the panel hadn't had much occasion to do laundry themselves. If they had, he says, they would have acknowledged that people buy stainless steel clothes dryers to avoid rust stains, rather than to impress their neighbors.

"I’m like the last one to suggest that men don’t do laundry," Krislov said.

A lawyer from Sears’ law firm who observed the oral arguments, Philip Oliss of Squire Sanders & Dempsey, told the ABA Journal he was surprised by Krislov’s question about the judges’ wives, but he hopes the impact of the opinion won’t be overlooked in the hubbub over Posner’s response.

“It’s interesting that people have picked up on that one comment by Judge Posner,” he said in an interview. “I’m hoping that the blogs and the press won’t overlook what the court really did.”

“It’s a pretty significant case in the development of consumer class action law,” he added. “It really sort of slams the door on some of the more creative ways that plaintiffs in the 7th Circuit are trying to get around … some of the law that has been developed limiting multistate class actions.”

For his part, Krislov disliked the decision and its criticism of collusive class action settlements. "Judge Posner seems to view this [opinion] as his personal blog," Krislov said. "I mean, he spent six pages talking about collusive settlements, which obviously had nothing to do with this case."

Hat tip to Above the Law and How Appealing.

Updated at 10:10 a.m. to include Krislov's comments.

Comments

1.

Native New Yorker
Oct 30, 2008 9:47 AM CST

Where is Ellen B and HER BOYFRIEND at a time like this.  Sorry, but I still don’t know any men (with wives) who do laundry.

2.

J.D.
Oct 30, 2008 10:15 AM CST

GALLUP POLL (April 2008)—“Married couples in America today maintain a strong and traditional division of labor, with 68% of married adults saying the wife does the laundry, and 57% saying the husband does the yard work.”

http://www.gallup.com/poll/106249/Wives-Still-Laundry-Men-Yard-Work.aspx

3.

Ellen Barshevsky
Oct 30, 2008 5:53 PM CST

THANK GOODNESS for Judge Posner.  He understands th PLIGHT we women face,and the STEREO-TYPES men have against WOMEN.

I REFUSE to do my boyfriend’s LAUNDRY as a matter of PRINCIPLE, until we are MARRIED.  I do NOT want to be viewed as a MAID for him, but after WE are MARRIED, mabye I will RELENT. 

Alan also is LIBERATED, in the sense that he will not do anything special for me unless it is an ocasion.

My mother has washed my father’s underwear for years, and she is used to it, but I say we women MUST not be maids.  Of course, if there is MUTUAL respecti, I will not mind doing my HUSBAND’s laundry.  Alan understands this.

4.

Al Tidom
Oct 30, 2008 9:25 PM CST

Comment removed by moderator.

5.

Bill Dickey
Oct 30, 2008 10:25 PM CST

I do not want to sound sexist, but I work hard and bill over 240 hours a month and I don’t want to come home and have to do laundry, or clean the house.  That’s really why we have a division of labor in our home.  The wife handles the home, the kids and the finances, and I bring home the bacon.  Yes it sounds 1950’s, but it works, my wife loves me and I love her, and we have a good family life.  Too much of this women’s lib and bra burning from the 1960’s is still going on. Witness that loudmouth #3.  I say it is fine for both parties who work to do each other’s laundry, and both clean the home and watch the kids, and frankly, if I were the house husband, I would gladly do all of those chores.  But I am sick and tired of so called “modern” men getting whipped into having to cow-tow to lazy non-working spouses who want to do little more than watch Oprah all day, eat bon-bons, and shop at Lord and Taylor’s .  When their husband comes home and asks for dinner, the wife says go open a can of tuna.  That is a sure recipe for divorce, particularly after a few years of marriage where the wife puts on a few pounds.  Women, think!

6.

b
Oct 31, 2008 5:32 AM CST

Sounds like something a plaintiff-side lawyer might say.

7.

LAK
Oct 31, 2008 5:39 AM CST

Bill Dickey: 
You do, indeed, sound sexist.  Do you want to know why this “women’s lib” stuff is still going on?  I’ll only give one of the many reasons: Women make 72 cents for every 1 dollar men make.  Your last name is appropriate.

8.

r
Oct 31, 2008 5:42 AM CST

Ellen’s comment in #3 expresses the unvarnished truth about women: above all, they covet marriage. Bill—You and I are considered the Flintstones by these people.  But watch out buddy, I had a wife with a master’s degree who was a “stay-at-home mom” for 24 years. She alwayssaid it was her “dream to do this because her mother didn’t do anything for her as a child.  So I worked day and night to make it happen.  Then when the marriage was over, she sued for and got $1500 in PERMANENT alimony on the theory that she had not worked for 24 years!!.  So, the moral of the story is that some of these women want it both ways.  They want to be “stay-at-home -moms” but they want to collect alimony at the end because they haven’t worked!!  So watch out.  It can be a trap to make a woman’s dream come true!!.

9.

Robert B
Oct 31, 2008 5:49 AM CST

Both my wife and I are practicing lawyers, yet I do all the laundry, foodshopping and cooking, Ellen.  We share the other household activities—I clean the toilets, and we both spend time with our son.  I hate to think what that makes me!  (I am happy so don’t worry)!

10.

Eric
Oct 31, 2008 5:57 AM CST

Laundry, dishes, grass cutting?  That’s why we had children!

11.

Sean
Oct 31, 2008 6:32 AM CST

Post No. 5—First—“Bring home the bacon;” “women’s lib;” “bra burning;” “eat bon bons”—are you kidding me?  Who actually really still talks like this?

Second, if you have ever stayed home and taken care of kids you would know that it is easily just as hard as working 240 hours a month. I love my kids, but when I have taken on the task of watching them myself I could not wait to get back to the relative ease of working at my firm.

Finally, here is a secret, as a male I will often do the laundry because it is relatively idiot proof, fast and easy.  Now, folding, ironing and putting away, not so much.

12.

KC Partner
Oct 31, 2008 6:41 AM CST

Bill and r have it right.  If the marriage breaks along traditional lines—hubby out making the money, wife stays home—the vast majority of the house work should be done by the wife.  It is not the husband’s job to do both his day job, then have a part time job at night; if wife wants to stay home, she needs to do the whole job (preferably during the regular work day, so both can enjoy their evenings with kids and each other).  No excuses—husband doesn’t get to take regular days off to go work out, shopping with friends, vegetate and watch Oprah, or other personal enjoyment.

Posner twisted the lawyer’s remark into something unduly sexist, when he was simply suggesting one might look to an authority on the subject.  The reality is, more women stay home than men—particularly wives of lawyers and judges.  Posner seizing on the remark actually suggests that he somehow views doing laundry as demeaning.  The bigger problem was the lawyer inappropriately was asking the bench to look to information outside the record (i.e., Your Honors, ask your wives ...).

13.

david st. hubbins
Oct 31, 2008 7:02 AM CST

What’s wrong with being sexy?

14.

Donald
Oct 31, 2008 7:17 AM CST

Here’s another vote in support of bill and r.  I bring home the bacon and do the laundry and scrub the toilets and mow the grass… you get the picture.  She watches the kids (when they aren’t in school), Oprah, eats bon bons, and creates more animosity than she realizes.  Her masters from G’town isn’t worth much when all she can do is sit on her rear all day and have the nerve to complain about how hard he day’s been.  Can’t wait for those kids to grow and leave, cuz I’ll be right behind them.

15.

CT Lawyer
Oct 31, 2008 7:35 AM CST

@ 1, 2, 5, 8, 12, and 14:

I am a BigLaw lawyer and my husband works at one of the biggest hedge funds in the country.  We both have long commutes and work crazy hours.  Which one of us should do the laundry?  Our answer is to each do our own. 

My mother can’t believe that I don’t do my husband’s laundry or cook his dinner every night (he gets takeout, courtesy of his employer).  I can’t believe that she’s surprised.

16.

sct
Oct 31, 2008 7:41 AM CST

A marriage can only work if there is mutual respect… Most of the Mr. Cleavers on this comment section clearly don’t respect their wives. It’s only a matter of time, guys, before you will be signing those alimony checks. Sounds like a lot of bruised egos. If you learn to show a little appreciation, you might get some back. I recommend the book “Love and Respect” for both spouses.

17.

HV Baxendale
Oct 31, 2008 7:44 AM CST

The question is not who does the laundry; it is whether the person doing it resents doing the laundry (or other domestic chores).  Stats on who actually does it are marginally relevant.
The lawyer should have phrased it thus, and likely wold have if there were a female judge sitting that day, “Ask your spouse, if you don’t do laundry yourself, how important….” 
So an innocent comment made during discourse and read out of context makes him look foolish?  Is that fair? Not until you read his attempt to rehabilitate: “I’m like the last one to suggest that men don’t do laundry,” Krislov said
Like? Whatever!

18.

Brian
Oct 31, 2008 7:50 AM CST

I do all the laundry in our house, as well as all the cooking, because I am better at it.

19.

Will
Oct 31, 2008 7:51 AM CST

I’ve got a question.  If what LAK says is accurate (“Women make 72 cents for every 1 dollar men make” for the same work—the unquoted language is implied), what is the explanation for not conducting arbitrage?  That’s 28% to work with, a huge cost/price advantage.  A smart woman should gather around her other women, do the identical job as men, charge 25% less, and still have an extra 3% greater profit than the men.

Or is this an example of the economists’ 20 dollar bill on the sidewalk?

I don’t know the data well enough to take a position.  Commenters?  What explains this?

20.

Ken More, Esq., Washer & Dryer. P.C.
Oct 31, 2008 8:56 AM CST

Posner artificially assumed Krislov’s query to the all male panel applied to the entire male gender.  He did this to discredit Krislov as a sexist, but has Posner met his burden of proof?  I would submit that Krislov’s sexist inclinations, if any, are proportional to the laundromatic proclivities of this august panel of Article III judges and their spousal counterparts.  On remand, I would instruct the panel and their spouses to give evidence supporting the nature and extent of their knowledge of, inter alia: cotton, permanent press, wool, silk rayon and polyester fabrics; wrinkle free vs. no iron shirts; sock matching technique; ironing and steam setting; post dryer fluffing; detergent choice; fabric softening; prewash pocket inspection; lint filter cleaning regimen; make, model and year of washer and/ or dryer; water temperature selection and relationship to fabric and/or stain(s) thereon, and whether they agree or disagree that Tide was designed with mothers in mind to get out the stains kids get into.

21.

Amy
Oct 31, 2008 9:04 AM CST

I do the laundry.  My husband does the yard and repair work.  I take care of all the finances.  We both cook the meals.  We both take out the garbage.  The maid cleans the house.  Why should I care whether or not we’re conforming to gender stereotypes?  We divide the labor in a way that works for us.  I do feel sorry for those guys who resent their stay-at-home wives.  I took two years off to stay home with my kids.  During that time, we didn’t have a maid—I took care of the house and the kids.  I didn’t have the stress of a law practice, but it was a relentlessly busy lifestyle centered on kids, who are not the easiest people to be around.  The long and short of it is that unless money is no object and the kids are out of the house, very few stay-at-home parents have it easy.

22.

Andy the lawyer
Oct 31, 2008 9:38 AM CST

Bill bills over 240 hours per month?  Perhaps.  But I seriously doubt it’s for 240 hours per month of actual quality work, unless he’s got it down to 8 hours per day, every single day of the year, without exception.  How likely is that?

23.

kristy
Oct 31, 2008 9:59 AM CST

Will, the wage gap applies to women who are already doing exactly the same job as men.  They just get paid less.  The problem is imperfect salary information.  The gap is probably due to some discrimination, but also some choices women make as a group.  I took a whole class about this in college (if you can believe that).  That’s the understanding I took away.

24.

Dawn
Oct 31, 2008 10:05 AM CST

My husband and I both work A LOT. I am a solo practitioner and my husband manages several restaurants. We both do laundry, we both cook, we both clean—whatever needs to be done. We view it more as a cooperative effort.

Although, in response to #5, I would love to have a nice little wife at home to do all the housekeeping and laundry and cooking. But alas, my husband will not consent to a lazy life of laundry and bon-tons and oprah.

25.

Julie
Oct 31, 2008 10:12 AM CST

We’ve chosen a division of labor in which he does laundry and I clean, while we share kitchen duties.  This works great for us!  I haven’t done laundry in 8 years and he hasn’t cleaned the bathroom in just as long.  It seems the real issues arise when both spouses are working and the wife is still expected to do the majority of the household and child-rearing chores.  I don’t see this happening much anymore with people my age (early 30’s).

26.

Traditional Single Male
Oct 31, 2008 10:53 AM CST

I agree with Bill’s comment.  As a single guy, I don’t do my own laundry, the nice lady at the laundrymat does it for me, and I always smile and thank her graciously.  At 85 cents per pound, it’s cheaper to have her do it for me and I don’t have to waste time on domestic chores.  I also don’t cook, but although my frig is well stocked with bottled water and beer, I do dig into my Captain Crunch and Wheaties boxes for a nice din-din at least twice a week.  On other nights I eat out.  Somehow I’ve managed to control my weight this way.  Growing up in a family with two boys and two girls, the girls did all the work inside, and the boys did all the work outside.  I didn’t like the arrangement then (hated taking out the trash and pulling weeds), but appreciate my parents’ insight today because now I cannot cook, clean, or do hardly any domestic chores.  Thank goodness for dry cleaners, laundrymats, and restaurants, which were created, I’m certain now, by single guys like I.

27.

liz
Oct 31, 2008 10:56 AM CST

This just shows that there are many ways of going about running a household today.  I do see a lot more couples above figuring out how to share responsibilties, which would appear to bode well for a more egalitarian society.  In my case, at the moment I am the wage-earner & my husband stays home.  I can tell you that he has at least as hard a job as I do, probably harder, and does both house & yard work.  I pitch in as much as I can depending on work schedule & try to give him a break on weekends to do something for himself.  We just feel lucky that one of us can be at home with the kids - so many people don’t have that option.  I say whatever works, to each their own.

28.

MoiKiddingVous
Oct 31, 2008 10:56 AM CST

I went to law school so I could afford to hire a maid to do my laundry, my cooking, my cleaning.  She is very nice, enjoys being in the country, and looks after me. If I grow weary of her I will fire her and hire another.  I do not need to talk to her, care whether she is unhappy, or feels fat! So much better than being married!

<snapping out of my daydream> ahem, right…as in I wish! And I hope the wife does not get wind of this! Sorry hon and thanks for doing the dishes even though it was my turn!

29.

HVB
Oct 31, 2008 10:59 AM CST

Ken More—brilliant!
now that’s the type of humor that should come from people as smart as we. Or, as Larry says, “That there’s funny, I don’t care who you are.”

30.

David E.
Oct 31, 2008 11:38 AM CST

I am married, but I prefer to wash my own clothes.  Oftentimes I do the whole family’s laundry.  Anything that will limit “creative” consumer plaintiff actions in the Seventh Circuit is welcome.

31.

Doug S
Oct 31, 2008 11:52 AM CST

It’d be a better poll/survey if you’d inserted the word “usually” into the question.  I f’rinstance, do laundry maybe once/2 wks, while the “lady of the house” does it more often.  But I still do SOME laundry….  so which box should I have checked?

32.

PCD
Oct 31, 2008 12:16 PM CST

“people buy stainless steel clothes dryers to avoid rust stains, rather than to impress their neighbors”

Ummmm, no, they buy stainless steel to impress their neighbors. 

“I’m like the last one to suggest that men don’t do laundry,” Krislov said.

Are you like the last one to like suggest that?  Like really?  Like totally professional…

33.

PUMPKIN
Oct 31, 2008 12:33 PM CST

I call my BOYFRIEND “wifey” - he does all the LAUNDRY, he makes me DINNER when I come home from work, he CLEANS and tidies up the house, and he repairs my SURFBOARDS.  I make 4.5 times more money than him.  Life is GOOD.

34.

jkb
Oct 31, 2008 1:44 PM CST

Will and Kristy,
The reasons women make less than men for doing the “same job” can be complicated.  Sometimes, the definition of “same” is an issue.  However, my law school experience offered a possible explanation—lower expectations.
In my law chool professional responsibility class each student was asked to project their salary out for 10 years and turn the written expectations into the professor.  This was not an assignment that allowed for collabrative effort.  Nevertheless, collectively, the expectations of the women in the class for their salary 10 years out of school were only 80% of what the men in the class expected to make.  There was a follow up argument/discussion between women in the class about the effect of child birth and child rearing on careers and income.  It occured to me at the time (1990) that the men weren’t participating in the discussion/argument and that the men hadn’t assumed that having children would effect their future income.

35.

Alvin DeDonis
Nov 1, 2008 6:44 AM CST

Comment removed by moderator.

36.

Charles Young
Nov 2, 2008 6:46 AM CST

Having read all of the posts, I think it is clear that the women on the site do not respect the men who do not respect their women.  If only men would respect women, women would respect the men and we wouldn’t have anything to write about.

37.

Brian Cahillane
Nov 2, 2008 10:51 AM CST

Curious that the poll following a story about a sexist comment is itself heterosexist?

38.

W. Boss
Nov 2, 2008 6:46 PM CST

Heterosexist?  WTF?  Does this mean that women are not into it?

39.

Massachusetts
Nov 3, 2008 8:57 AM CST

Another flaw in the poll—it assumes that all ABA memberswho are in relationships are in opposite-sex relationships.  I have to say, every time I see a story like this, is thank all the powers that be that I’m a happly-married lesbian!

40.

mike
Nov 3, 2008 1:30 PM CST

@Pumpkin: any objections to the more typical situation in which the sexes are reversed (male breadwinner) and the man speaks about his life as you are speaking about yours?  Or would that be wrong even as you crow about your situation?

41.

PUMPKIN
Nov 4, 2008 1:08 PM CST

@Mike: Actually, me being the breadwinner is not the reason why I don’t do housework.  Even if I didn’t make 4.5 more $$ than my boyfriend, I’d still let him do most of the housework - because I don’t enjoy it whereas he does.  This isn’t based on gender but on who enjoys doing what.  What’s wrong with a woman not being fond of domestic activities?  What’s wrong with a man being fond of same?  I’m tired of the self-perpetuating stereotypes of women as the caretakes of a household.  How many TV commercials for laundry detergent have you seen that show a man doing the laundry?  I have seen none.

42.

r
Nov 5, 2008 1:11 PM CST

Men need to learn to do these things for themselves. If they did, they wouldn’t need a woman to do it for them.  Most men get married because their mommies did everything for them and when they get older they need a new mommy to do the dirty work.  Unfortuntately, this plays right into the hands of women who exploit men for their domestic incompetence in order to secure a husband. They quickly find out what the man’s needs are, supply them and thus establish their indispensability to him just like a drug pusher on a street corner.  The man marries the women because he needs the services she provides and the “home life” he is unable to provide for himself.  The wife marries because her “powerbase” and security is established when the man becomes dependent upon the services she renders. This symbiotic relationship usually leads to mutual resentment, the man’s abdication of all authority, the woman’s continuing usurpation of his authority and finally a merciful end to it all with a divorce.  I have no sympathy for these men.  They get what they deserve.  It is all written in the Bible tale of Samson and Delilah.  Amercian men have become weaklings who are not deserving of respect by women because they bring little or nothing to the table except their needs.  They need to grow up and stop being little boys.

43.

LoveMeSomeEllen
Nov 7, 2008 12:00 PM CST

In all the discussion about sexism, how can we overlook that Ellen revealed her boyfriend’s name!!!  Alan.  Seems to fit.  Also, love to hear that she won’t do his laundry…until married.

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