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.
To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2BTO66J