There must be no more of this childish abuse…. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money.
(The context of this quotation, which contains additional benchslappery, appears below.)
The context, as explained by the Docket Report newsletter of Docket Navigator, is Judge Posner ruling on defendant Lear’s motion in limine to exclude evidence about pre-production versions of its product. Here’s more from the section from which the foregoing quote was taken:
Lear’s Motion 1 (to exclude any testimony or documents concerning pre‐production versions of Lear’s product, including the testimony of Jason Bauman and Kurt Dykema and Plaintiffs’ Exhibits 35, 49–52, 54–55, 105, and 129): Partially granted and partially denied.
I again remind the parties to avoid tendentious bickering. Chamberlain’s response is ridiculously argumentative, as in: “At bottom, Lear’s motion is just another attempt to hide its willfulness and tip the case in its favor. Whereas Plaintiffs have been working with this Court in good faith to narrow the case in a fair and balanced way, Lear uses the concept of ‘narrowing’ as a sword and a shield. Just as Lear improperly invoked the attorney client privilege during discovery to hide its willfulness, Lear now latches onto the Court’s desire to narrow this case to try to further hide its willfulness (while insisting all along that it should be allowed to use any helpful evidence it produced to show it acted carefully). Lear’s actions are akin to a robber trying to hide years of evidence showing how he planned a robbery under the veiled argument that it is better for the jury to only hear about what happened the day the house was robbed, while at the same time introducing self‐serving and irrelevant evidence from the prior period.”
There must be no more of this childish abuse (“akin to a robber,” etc.). Lear is at fault too but the plaintiffs are even worse offenders. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money.