No action in months in class actions against Target, CVS

Amelia Flood May 25, 2010, 9:44am


Two class action suits with similar claims about immune system supplements appear stalled.

The older suit, led by lead plaintiff Iean Finley, was certified in January against CVS Pharmacies, Inc. by St. Clair County Circuit Judge Lloyd Cueto. That was the last filing in the suit to date.

The second suit, led by plaintiff Brian Buehlhorn in a case against Target, has not seen any filings since October 2009. Circuit Judge Patrick presides. Buehlhorn's suit has not been certified.

Both Finley and Buehlhorn claim that they and their classes bought generics of the immune supplement "AirBorne," and that the products did not work.

Both the class actions were filed by the same team of attorneys including Paul Weiss, Richard Burke and Kevin Hoerner.

Each suit seeks damages of not more than $75,000 per class member and other damages.

Buehlhorn's suit, before stalling last October, had grown to include class members from California, Florida, and Minnesota.

The two suits are among several pending in St. Clair County over the immune supplement claims.

Finley's case gained certification Jan. 25.

Robert Bassett and others represent both the CVS and Target defendants.

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

The Buehlhorn suit is case number 08-L-667.

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