Defendants move to extend briefing schedule in CVS class action

Amelia Flood Oct. 22, 2009, 5:12am


CVS is asking St. Clair County Circuit Judge Lloyd Cueto for more time before it has to argue against certifying a class action involving the pharmacy's "Airborne" generic.

The company, like others that sell their own versions of the immune supplement, is being sued over the drug's alleged ineffectiveness.

Several other suits against other companies selling generics of the immune supplement were filed in 2008 and are also pending in St. Clair County.

A hearing on class certification in the CVS suit has been set for 10 a.m. on Nov. 19. CVS is currently required by an earlier order to file its arguments on the matter by Nov. 6 while lead plaintiff Iean Finley is required to file his response to CVS's arguments a week later.

CVS filed its motion to extend the suit's briefing schedule and move the hearing date Oct. 9. In the motion, CVS argues that the deposition date set by Finley and his attorneys for taking Finley's deposition does not give CVS adequate time to make its case opposing class certification.

CVS wants the briefing schedule and hearing moved by 21 days.

Finley's suit alleges CVS violated Illinois' consumer fraud law and was unjustedly enriched by selling a drug that does not work.
The suit seeks damages of not more than $75,000 per class member, costs and attorneys' fees.

The same team that filed the nearly identical suits against Target, Kmart and others represents Finley. They are Kevin Hoerner, Brian Kreisler, Richard Burke and Paul Weiss.

CVS is represented by Robert Bassett, David Smith and others.

The case is St. Clair case number 08-L-616.

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