2nd Cir. Certifies Questions to Conn. High Court in Bausch & Lomb Lens Case

NEW YORK — A federal appellate panel has reinstated a case targeting Bausch & Lomb’s Trulign Lens, and certified two questions concerning preemption and product liability act exclusivity to the Connecticut Supreme Court, finding plaintiffs’ arguments turn upon questions of state law for which no controlling decisions exist.

In a July 20 opinion, the 2nd Circuit U.S. Court of Appeals panel asked the Connecticut high court to resolve whether claims based upon a manufacturer’s failure to comply with a regulator’s post-approval requirements is preempted.

In addition, the panel certified the question of whether the Connecticut Product Liability Act’s exclusivity provision …