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U.S. Court of Appeals for the Seventh Circuit

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Decided

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Outcome

March 06, 2017

In an important victory for business, the Seventh Circuit reversed the certification of eight classes of consumers who alleged that prescription glaucoma medications manufactured or distributed by defendants are packaged in bottles that produce eye drops that are unnecessarily large. The court ordered the lower court to dismiss the case for lack of standing, observing that “[t]he fact that a seller does not sell the product you want, or at the price you’d like to pay, is not an actionable injury.”

U.S. Chamber files amicus brief

October 18, 2016

Click here to view the brief filed jointly with the American Tort Reform Association.

Jeffrey S. Bucholtz and Paul Alessio Mezzina of King & Spalding of LLP served as counsel for the amici.

Seventh Circuit grants 23(f) petition

August 31, 2016

The Seventh Circuit granted the 23(f) petition challenging certification.

U.S. Chamber files in support of 23(f) petition challenging class certification in Seventh Circuit

August 09, 2016

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.

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