Harbin v. Johnson & Johnson Vision Prods., Inc
In Harbin v. Johnson & Johnson Vision Prods., Inc., No. CV-94-002872, at 3 (Ala. Cir. Ct. Sept. 12, 1995), certification of a state-wide class of indirect purchasers of defendants' contact lenses was denied.
The court, after a one-day evidentiary hearing, determined that individual questions of fact predominated over common questions because to establish fact of injury, "each and every purchaser of defendants' contact lenses have to be questioned to ascertain that he or she had (a) purchased contact lenses from an Alabamian ECP or retail optical chain, (b) during the applicable time, (c) in some certain amount, and (d) at a certain price." Id. at 3.