Pharmaceutical Group Serv. v. National Pharmacies

6 Citing cases

  1. Mantua Oil, Inc. v. C.J. Marketing Co.

    621 F. Supp. 1194 (E.D. Pa. 1985)   Cited 2 times

    Kyle v. Continental Capital Corp., 575 F. Supp. 616, 619 (E.D.Pa. 1983). See also Pharmaceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247, 1248 (E.D.Pa. 1984). In light of the questions concerning the authenticity and accuracy of defendants' evidence, together with the fact that plaintiff's submissions provide ample support for a conclusion that this is a proper forum, I will deny defendants' motion to dismiss.

  2. Alston & Gunn v. Solomon

    754 F. Supp. 46 (E.D. Pa. 1990)   Cited 1 times

    Data Disc, Inc. v. Systems Technology Associates, Inc., 557 F.2d 1280 (9th Cir. 1977); Kyle v. Continental Capital Corp., 575 F. Supp. 616 (E.D.Pa. 1983)." Pharmaceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247, 1248 (E.D.Pa. 1984) (footnote omitted).

  3. LaRose v. Sponco Mfg. Inc.

    712 F. Supp. 455 (D.N.J. 1989)   Cited 37 times
    Holding that factual discrepancies in affidavits should be resolved in the burdened party's favor

    In the process of determining whether plaintiff has met this burden, we are mindful that pleadings and affidavits are to be considered in the light most favorable to the plaintiff, as non-moving party. Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975); see also Pharmaceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247, 1248 (E.D.Pa. 1984). Although neither the Third Circuit nor the Supreme Court has determined whether we should resolve factual discrepancies in juxtaposed affidavits in favor of the party bearing the burden of establishing jurisdiction, several other courts have suggested that the proper course is to resolve such discrepancies in the burdened party's favor, which in this case is the plaintiff.

  4. Bowers v. NETI Technologies, Inc.

    690 F. Supp. 349 (E.D. Pa. 1988)   Cited 60 times
    Holding that “stock repurchase payments” were “certainly ‘wages' within the broad definition of the WPCL in that they were payments pursuant to agreement, and they were offered to plaintiffs as employees, and not for some reason entirely unrelated to their employment”

    For purposes of this motion, the allegations must be taken as admitted and viewed in a light most favorable to plaintiff. See Pharmaceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247 (E.D.Pa. 1984) (in resolving jurisdictional dispute, pleadings and affidavits are to be considered in light most favorable to plaintiff; discrepancies in versions of events presented in affidavits are to be resolved in plaintiff's favor). Because plaintiffs allege that NHF was formed, to a large extent, to avoid Phoenix's liabilities including those to plaintiffs, it is possible to conclude that NHF should have reasonably anticipated being haled into a Pennsylvania court once the sham was discovered.

  5. Petruzzi's Iga Supermarkets, Inc. v. Darling-Delaware Co.

    677 F. Supp. 289 (M.D. Pa. 1987)   Cited 5 times

    When a defendant raises a jurisdictional defense, the plaintiff bears the burden of demonstrating sufficient contacts with the forum state to give the court in personam jurisdiction. Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 63 (3d Cir. 1984); Pharmceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247, 1248 (E.D.Pa. 1984). At the stage of the proceedings where the factual record consists of only pleadings and affidavits, the plaintiff's burden is satisfied by establishing a prima facie case of jurisdiction.

  6. Cresswell v. Walt Disney Productions

    677 F. Supp. 284 (M.D. Pa. 1987)   Cited 16 times
    Adopting Gavigan's reasoning in a case with similar facts

    When a defendant raises a jurisdictional defense, the plaintiff bears the burden of demonstrating sufficient contacts with the forum state to give the court in personam jurisdiction. Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 63 (3d Cir. 1984); Pharmaceutical Group Services, Inc. v. National Pharmacies, Inc., 592 F. Supp. 1247 (E.D.Pa. 1984). At the stage of the proceedings where the factual record consists of only pleadings and affidavits, plaintiff's burden is satisfied by establishing a prima facie case of jurisdiction.