Briefing schedule in CVS class action is amended

Amelia Flood Aug. 5, 2010, 5:00am


A briefing schedule for notifying class members in a class action suit over a generic form of a popular immune system supplement has been changed.

St. Clair County Circuit Judge Lloyd Cueto amended a briefing schedule on July 21 in a suit brought against CVS Pharmacies Inc. by lead plaintiff Iean Finley.

Finley is leading a class of customers who allege they bought the company's "Airshield" immunity supplement. The suit claims the supplement doesn't boost the immune system as promised.

Cueto certified the class in January.

Similar class action against retailers such as Kmart and Target were also filed in 2008 in St. Clair County. The cases were all filed by the same team of attorneys, Paul Weiss, Richard Burke and Kevin Hoerner.

One of those class actions, against Kmart, settled earlier this year for $130,000 with the attorneys taking home $55,000.

There has been no action since last year in the class action filed over Target's "Airborne" generic.

The July 21 order gives the plaintiff until Aug. 21 to file a memorandum for class notice with the court.

The defense then has until Aug. 22 to file its ideas for class notice.

Cueto will hear arguments on the class notice issue Sept. 10 at 9 a.m.

CVS is represented by Robert Bassett and others.

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

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