Plaintiff allowed to add three more states in Target class action suit

Amelia Flood Sep. 30, 2009, 8:41am


St. Clair County Circuit Judge Patrick Young has allowed the plaintiff in a class action suit over Target's "Immunity Supplement" to add citizens from three more states, despite defense objections.

Plaintiff Brian Buehlhorn had filed his move to add the claims Sept. 1. Young ruled on Sept. 14.

Buehlhorn's suit is nearly identicial to other class action suits filed in the last two years against K-Mart and CVS Pharmacies and others. The suits allege that defendants' versions of the popular drug Airborne don't work.

Buehlhorn's amended complaint enlarges the class to include members residing in Minnesota, California and Florida. It adds violations of those states' consumer fraud laws as well.

The original complaint pertained to Illinois only and included counts of unjust enrichment and violations of Illinois' Consumer Fraud and Deceptive Business Practices Act.

Buehlhorn's suit seeks damages not to exceed $75,000 per individual.

Buehlhorn is represented by Paul Weiss, Richard Burke, Kevin Hoerner and others.

Robert Bassett and others represent Target.

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

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