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