U.S. Court of Appeals for the Third Circuit

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Third Circuit holds that plaintiffs have standing to pursue class action alleging that prescription eye drops dispensed too much medication

October 18, 2017

Click here to view the opinion.

U.S. Chamber urges Third Circuit to dismiss class action for lack of Article III standing

September 28, 2016

The U.S. Chamber filed a coalition brief urging the Third Circuit to hold that the plaintiffs lack Article III standing and affirm the district court’s judgment. The plaintiffs in this case allege that manufacturers of FDA-approved glaucoma medications designed eye droppers that dispense drops that are too big for the human eye in an effort to make consumers pay for more medication than actually needed, causing “wasted” medication. They do not allege any physical injury from the drops, or that the medications are not safe or effective. The Chamber’s brief argued that plaintiffs’ novel standing theory fails to establish either injury or causation and would invite abusive class-action litigation.

The brief was filed jointly with the American Tort Reform Association, National Association of Manufacturers, and Pharmaceutical Research and Manufacturers of America.

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

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