Posner, Seventh Circuit Humorously Take Down Putative Class Action Over Size of Eye Drops

Posner, Seventh Circuit Humorously Take Down Putative Class Action Over Size of Eye Drops

In a pointed yet humorous opinion, Judge Richard Posner, writing for a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, not only vacates class certification in a case involving the size of eye drops for treating glaucoma, but remands the case with instructions to dismiss the case with prejudice. Using the example of cat owners buying fountains for their pets, Judge Posner finds no merits in plaintiffs’ claims that glaucoma drops are larger – and therefore more expensive – than necessary. [3/7/17]

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