Legal Opinion

McKesson Corporation v. Pain Management Company LLC and Brian Dunleavy

District Court, E.D. Pennsylvania

Decided September 2, 2026No. 2:26-cv-00285Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MCKESSON CORPORATION, CIVIL ACTION Plaintiff & Counter-Defendant, NO. 26-285-KSM v. PAIN MANAGEMENT COMPANY LLC and BRIAN DUNLEAVY, Defendants & Counter-Plaintiffs. MEMORANDUM Marston, J. September 2, 2026 Motions to dismiss must take a plaintiff’s allegations as they are, not how they would like them to be. Here, McKesson Corporation (“McKesson”) has done that, but only in part; so, we will rule similarly on its Motion to Dismiss. McKesson has filed suit for breach of contract and unjust enrichment against Pain…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  5. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009

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