U.S. Circuit Judge Richard Posner used few words this week when striking down certification of a class action brought by Public Justice. But he did it with his usual flair: By comparing eye drops to … cats?
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The case involved consumers who alleged that 33 varieties of prescription eye drops used for the treatment of glaucoma were too large for their eyes. The plaintiffs claimed they overpaid for unnecessarily large drops that would have been just as effective if sold in a smaller size.