Class Action Targeting EzriCare Artificial Tears Proceeds in Ky. Federal Court

LEXINGTON, Ky. — A Kentucky federal judge has refused to dismiss a putative class action alleging economic injury caused by EzriCare’s contaminated artificial tears drops, ruling that the company’s motion to dismiss the class claims for lack of standing is premature.

In a March 29 order, Judge Robert E. Wier of the U.S. District Court for the Eastern District of Kentucky found “the determination of whether these causes of action are suitable for multi-state class certification is premature, absent further briefing on class certification.”

Richard Mosley and Alisa McMillan filed suit individually and on behalf of a putative class against …