Why Posner Pounced On Eyedrop Class Certification

Law360, New York (July 10, 2017, 2:28 PM EDT) -- Earlier this year, the United States Court of Appeals for the Seventh Circuit refused to reconsider en banc its decision reversing certification of a class of glaucoma sufferers who claimed that eyedrop containers dispense drops that are too large, forcing them to purchase eyedrops more frequently.

In so doing, the Seventh Circuit let stand a ruling in which Judge Richard Posner — aided by another of his now-infamous cat analogies — got frisky with the plaintiffs’ theory of liability, which he claimed was grounded “simply on dissatisfaction” with the medication.

The plaintiffs filed suit against six pharmaceutical companies, alleging that the...

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