December 26, 2017 / 11:33 PM / a year ago

3rd Circuit declines to reconsider revival of 'wasted' eye drops lawsuit

A divided federal appeals court has declined to reconsider a ruling that reinstated a lawsuit by consumers claiming the manufacturers of prescription eye drops were packaging them in a way that resulted in “wasted” medications.

The 3rd U.S. Circuit Court of Appeals in Philadelphia on Friday split 3-3 on whether it should rehear the case, with some judges in a dissent saying they believed the consumers lacked standing to pursue the proposed class action. A tie on a motion for rehearing is counted as an affirmance.

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