EIKE v. ALLERGAN, INC.

No. 16-3334.

850 F.3d 315 (2017)

Charlene EIKE, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. ALLERGAN, INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 2017.


Attorney(s) appearing for the Case

Richard Steven Cornfeld , Attorney, Law Office of Richard S. Cornfeld, Kevin M. Carnie, Jr. , Attorney, Simon Law Firm, St. Louis, MO, Leah M. Nicholls , Attorney, Public Justice, Washington, DC, for Plaintiffs-Appellees.

Troy A. Bozarth , Attorney, Hepler Broom, LLC, Edwardsville, IL, James P. Muehlberger , Attorney, Lori Connors McGroder , Attorney, Shook, Hardy & Bacon LLP, Kansas City, MO, for Defendant-Appellant Allergan, Inc.

Gregory E. Ostfeld , Attorney, Greenberg Traurig, LLP, Chicago, IL, for Defendant-Appellant Alcon Laboratories, Inc.

Robyn Eileen Bladow , Attorney, Kirkland & Ellis LLP, Los Angeles, CA, for Defendant-Appellant Pfizer, Incorporated.

Stephen G. Strauss , Attorney, Bryan Cave LLP, St. Louis, MO, for Defendant-Appellant Merck & Company, Incorporated.

Jeffrey S. Bucholtz , Attorney, King & Spalding LLP, Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, American Tort Reform Association.

Stephen Gardner , Attorney, Stanley Law Group, Dallas, TX, for Amicus Curiae National Association of Consumer Advocates, Incorporated.

Before Bauer, Posner, and Sykes, Circuit Judges.


The defendants appeal from an order certifying eight classes (which for simplicity we'll pretend are just one class), consisting of persons in Illinois and Missouri who take eye drops manufactured by six pharmaceutical companies — the defendants in the case — for treatment of glaucoma. The claim is that the defendants...

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