Cottrell v. Alcon Laboratories, ___ F.3d ___ (3d Cir. 2017).  Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels.  One of those levels– that prescription eye drop medication is delivered in drop sizes that are too large, resulting in large portions of each drop being wasted by patients–  was the subject of this case.

Consumers brought a class action against manufacturers and distributors of prescription

Mellet v. Aquasid, LLC, ___ N.J. Super. ___ (App. Div. 2017).  The decision in this consumer protection case was issued in June as an unpublished opinion.  Defendant then asked the Committee on Opinions to designate it for publication, pursuant to Rule 1:36-2(c).  Plaintiffs were not made aware of that request.  The Committee authorized publication, and the ruling appeared as a published opinion this week.  Meanwhile, plaintiffs had petitioned for certification, but the Supreme Court

Collins v. Mary Kay, Inc., ___ F.3d ___ (3d Cir. 2017).  This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called “a layered choice-of-law question:  what law governs the interpretation of a forum selection clause in a written agreement when that agreement also contains a choice-of-law clause?”  The court concluded that Texas law, which the choice of law clauses in both of the subject agreements made applicable, would apply, rather than t