Allergan, Inc. v. Eike

Seventh Circuit Grants 23(f) Petition Challenging Class Certification

U.S. Chamber's Position: 

The U.S. Chamber filed an amicus brief in support of a 23(f) petition in the Seventh Circuit challenging certification of nine classes of consumers who allege that 33 prescription glaucoma medications manufactured or distributed by the Defendants are packaged in bottles that produce eye drops that are unnecessarily large.

The Chamber’s brief argued that the district court failed to conduct the required class-certification inquiry of whether Rule 23’s requirements have been satisfied.  

Jeffrey S. Bucholtz and Paul Alessio Mezzina of King & Spalding LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Outcome: 

The Seventh Circuit granted the 23(f) petition challenging certification.  The case has not yet been decided on the merits.

Procedural History: 

U.S. Chamber amicus brief filed 8/9/2016.

Order granting 23(f) petition filed 8/31/2016.

Oral argument scheduled for 2/7/2017.