Judge Cueto grants defendant new schedule in CVS class action case

Amelia Flood Oct. 27, 2009, 8:50am

The defendant in a class action over a generic form of cold medicine "Airborne" has more time to prepare its stance on class certification.

St. Clair County Circuit Judge Lloyd Cueto granted a motion to extend the suit's briefing schedule Monday. CVS Pharmacy Inc. filed its move to extend the schedule due to a deposition scheduled in Washington D.C. earlier this month.

CVS is being sued for allegedly selling an immune system supplement that does not work. Similar suits were filed in the same year against Target and other retailers over their Airborne generics.

Those suits are also pending in St. Clair County.

Cueto's Oct. 26 order stipulates that CVS must file its response to plaintiff Iean Finley's motion for class certification Nov. 20. Finley and the class must then respond to that filing by 10 days later.

A class certification hearing in the suit is set for Dec. 7 at 9 a.m.
Finley's suit seeks damages for CVS's alleged unjust enrichment and violation of Illinois's consumer fraud laws. The class seeks damages not to exceed $75,000 per individual member, according to the complaint. The class also seeks costs and attorneys' fees.

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

CVS is represented by Robert Bassett and others.

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

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