Plaintiff seeks to add three states to Target class action

Amelia Flood Sep. 9, 2009, 12:00pm



The plaintiff in a class action over a generic form of "AirBorne" has filed to amend his class action suit to include three more states.

Brian Buehlhorn filed the motion Sept. 1.

Buehlhorn's suit is nearly identical to other suits over generics of the cold medicine, including one filed against CVS Pharmacies and K-Mart.

According to his motion to amend the complaint, Buehlhorn is seeking to add California, Minnesota and Florida to the class. The original complaint was limited to violations of Illinois' Consumer Fraud and Deceptive Business Practices Act and unjust enrichment claims.

The new complaint would sue the Minnesota-based Target for violations of the four states' consumer protection acts and unjust enrichment under their common laws.

Buehlhorn's attorneys, Paul Weiss of Chicago, Richard Burke of St. Louis and Kevin Hoerner of Belleville, are also the attorneys for the proposed class in the CVS and K-Mart lawsuits.

The lawyers claim that the federal Class Action Fairness Act does not apply to the case as the suit does not seek damages exceeding $75,000 per class member and that the damages do not meet the $5 million threshold set by law.

In the Buehlhorn and CVS suits, Robert Bassett and others represent the defendants.

A status conference in the case is set for Monday at 9:30 a.m.

St. Clair County Circuit Judge Patrick Young is presiding.

The case is St. Clair case number 08-L-667.

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