Stephanos Bibas is a Professor of Law and Criminology at the University of Pennsylvania Law School.  He is a graduate of Yale Law School and has other degrees from Columbia and Oxford.  Following his graduation from law school, Professor Bibas clerked for Judge Patrick Higginbotham of the Fifth Circuit Court of Appeals and then for Justice Kennedy at the Supreme Court of the United States.  After his clerkships, he served for two years as an Assistant United States Attorney in the Southern District of New York for two years befor

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

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