Case law

American Osteopathic Association v. American Board of Internal Medicine

District Court, E.D. Pennsylvania · Aug 19, 2021

“To establish defamation by innuendo, the innuendo must be warranted, justified and supported by the publication.” ToDay’s Hous. v. Times Shamrock Commc’ns, Inc., 21 A.3d 1209, 1215 (Pa. Super. … Pa. 2001) (holding a school district banning the plaintiff from speaking to his former players after his termination “did not clearly communicate any defamatory message”); cf. Dempsey v.

HOEFLING v. ALTRIA GROUP, INC.

District Court, E.D. Pennsylvania · Dec 21, 2021

Hoefling “must establish general causation before moving to specific causation.” Id. … Busse’s testimony clearly falls below this threshold. He believes there is “an equal probability” that either smokeless tobacco or HPV caused Hoefling’s cancer.

CORDERO v. KIJAKAZI

District Court, E.D. Pennsylvania · Apr 4, 2022

Cordero’s file has uncovered no treatment, prescribed by a treating source, that is “clearly expected to restore capacity to engage in any SGA.” … Cohen establishes substantial evidence that rebuts the opinion of Dr. Lim. See Com.

H.D. v. KENNETT CONSOLIDATED SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Oct 4, 2019

The following review of the facts of the case will clearly identify actual factual disputes among the parties. a. … Among the remedies to which parents may be entitled is a qualified right to tuition reimbursement.

WEXLER v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Jun 21, 2024

Additionally, Defendants contend that the evidence was insufficient to establish a causal link between Mrs. … New Jersey, the case on which Defendants rely, the Third Circuit held that mere presence at the scene or driving an arrestee to the police station, without more, is insufficient to defeat qualified immunity under § 1983.80

CARLSON v. QUALTEK WIRELESS LLC

District Court, E.D. Pennsylvania · Aug 10, 2022

Carlson must first establish a prima facie case of retaliation. To establish a prima facie case, Ms. … Lorenzen’s concerns about gender-based bonus discrepancies and to inquire “how [bonuses] were fairly calculated and determined that one person qualifies for a higher payout than another.

BOMBIN v. SOUTHWEST AIRLINES CO.

District Court, E.D. Pennsylvania · Sep 7, 2023

A witness is qualified to provide expert testimony only if the witness has “specialized expertise” in the testimony’s subject matter. Schneider ex rel. Est. of Schneider v. Fried, 320 F.3d 396, 404 (3d Cir. 2003). … The burden to establish that each requirement is satisfied by a preponderance of the evidence rests with the party offering the expert testimony. See Padillas v.

CORDERO v. KIJAKAZI

District Court, E.D. Pennsylvania · Mar 31, 2022

Cordero’s file has uncovered no treatment, prescribed by a treating source, that is “clearly expected to restore capacity to engage in any SGA.” … Cohen establishes substantial evidence that rebuts the opinion of Dr. Lim. See Com.

DOE v. WEINTRAUB

District Court, E.D. Pennsylvania · Mar 25, 2024

App’x 901, 906 (3d Cir. 2015) (“[T]he Supreme Court has offered little guidance as to what situations qualify.”); see also Déjà vu of Nashville, Inc. v. Metro. … Stenson, 465 U.S. 886, 895 (1984) (“The statute and legislative history establish that ‘reasonable fees’ under § 1988 are to be calculated according to the prevailing market rates in the relevant community, regardless of

BROWN v. C.R. BARD, INC.

District Court, E.D. Pennsylvania · Feb 11, 2022

Despite Brown’s argument to the contrary, her allegations are insufficient to establish affirmative misrepresentations. See McGrain, 2021 U.S. Dist. … Brown’s citation to so many sources, especially when made in the alternative, clearly demonstrate the lack of specificity in the Amended Complaint.

United States v. GILEAD SCIENCES, INC.

District Court, E.D. Pennsylvania · Sep 11, 2025

Gilead cites only to a single case from the Middle District of Florida88—which is currently on appeal to the Eleventh Circuit—that held that FCA relators qualify as “Officers of the United States,” and thus must be appointed … The business plans in Arnstein included commentary that clearly demonstrated that physicians were asked to speak to increase their prescriptions: “Based on volume of scripts generated, we need to stay committed to working

J.L. v. LOWER MERION SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Sep 15, 2022

This conclusion is incorrect as a matter of law—there is no “clearly harmless” exception to the reimbursement available under 34 C.F.R. § 300.502. … Feb. 24, 2022) (“Plaintiffs failed to establish that Zachary was denied a FAPE. The administrative record fails to establish that any benefits were denied or that discrimination occurred.

CIBER GLOBAL, LLC v. SAP AMERICA, INC.

District Court, E.D. Pennsylvania · Mar 25, 2021

To prevail on its claim, Ciber must establish (1) the existence of a contract, (2) breach of a contractually imposed duty and (3) resulting damages. Ware v. Rodale Press, Inc., 322 F.3d 218, 225 (3d Cir. 2003). … Such a result is clearly contrary both to the text of the Code and to the principle of equitable distribution that lies at the heart of the Code.

GORDON v. PASQUARELLO

District Court, E.D. Pennsylvania · Mar 14, 2023

The meaning of “substantial” has not been clearly defined, but a pattern of activity alleged to have lasted more than three years has been declared substantial. See Tabas v. … Specifically, Plaintiff is unable to establish the enterprise element.

Gross v. HATBORO-HORSHAM SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Jul 31, 2023

Clearly, at the motion to dismiss stage, “an evidentiary standard is not a proper measure of whether a complaint fails to state a claim.” Fowler, 578 F.3d at 213 (citing Powell v. … To state a viable age discrimination claim under the ADEA, the plaintiff must allege facts plausibly showing that: (1) he is at least forty years old; (2) he is qualified for the job; (3) he suffered an adverse employment

REILLY v. SAUL

District Court, E.D. Pennsylvania · Jan 25, 2024

him as obese by the Centers for Disease Control, and   5 The sequential analysis requires the ALJ to evaluate (1) whether claimant’s work, if any, qualifies … Instead, the ALJ clearly states that Plaintiff’s lack of consistent pain medications and gaps in treatment undermine his allegations that he is incapable of even a limited range of light work.”).

ZERO TECHNOLOGIES, LLC v. THE CLOROX COMPANY

District Court, E.D. Pennsylvania · Jan 30, 2024

[T]he second clause provides for nationwide (indeed, worldwide) service of process and therefore nationwide personal jurisdiction.”), with Go-Video, Inc., 885 F.2d at 1415 (“[W]e believe that the district judge clearly … that the same evidence must be established.

The County of Dakota, Nebraska; The Sheet Metal Workers Local No. 40 Health Fund; The Harlem School District 122; 4DUBS BBQ, Inc., assignee of “Dustin’s Bar-B-Q Inc.” v. United Biosource Corporation, now known as “United Biosource LLC,” a wholly owned subsidiary of United Biosource Holdings, Inc.; Evernorth Health, Inc., formerly known as “Express Scripts Holding Company”; Express Scripts, Inc.; Priority Healthcare Corp. and Priority Healthcare Distribution, Inc., respectively doing business as “Curascript SD,” and “Curascript Specialty Distribution SD”; Curascript SD and Accredo Health Group, Inc.

District Court, E.D. Pennsylvania · Mar 5, 2026

If Plaintiffs choose to replead, they must clearly articulate which allegations in the second amended complaint refer to what parties and non-parties to this action. 3 The Amended … Finally, with respect to the marketing scheme, the court held that plaintiff’s allegations of off-label marketing were conclusory and/or failed to establish that the alleged misrepresentation actually resulted in more

MOODY v. THE HARTFORD FINANCIAL SERVICES GROUP INC.

District Court, E.D. Pennsylvania · Jan 14, 2021

Finally, the Policy includes a “fungi, wet rot, dry rot, bacteria and virus” exclusion that Twin City argues precludes coverage even if Moody Jones could establish prima facie coverage. c. … Exclusions are “effective against an insured if they are clearly worded and conspicuously displayed, irrespective of whether the insured read the limitations or understood their import.” Frederick Mut. Ins. Co. v.

Holland v. RiteAid Corp.

District Court, E.D. Pennsylvania · Aug 21, 2025

statement is actionable under securities laws if it “(i) was not sincerely believed when made; (ii) contains an expressly embedded, untrue factual assertion; or (iii) reasonably implies untrue facts and omits appropriate qualifying … So as a team, we’re accelerating the key initiatives that will drive our transformation through the RxEvolution strategy, which focuses on establishing Elixir as a clearly differentiated market leader