Legal Opinion

Physicians Healthsource, Inc. v. Cephalon, Inc.

District Court, E.D. Pennsylvania

Decided October 29, 2018No. CIVIL ACTION NO. 12-3753PublishedCited by 2 opinions

1Opinion of the CourtPadova, District Judge

Plaintiff, Physicians Healthsource, Inc. ("PHS"), has brought this putative class action pursuant to the Telephone Consumer Protection Act of 1991 (the "TCPA"), as amended by the Junk Fax Prevention Act of 2005, 47 U.S.C. § 227 (the "JFPA"), asserting that it was damaged by its receipt of two unsolicited advertisements sent to it by facsimile transmission ("fax") on behalf of Cephalon, Inc. in 2009. Before the Court are the Motion for Summary Judgment filed by Defendants Cephalon, Inc., Cephalon Clinical Partners, L.P., and Cephalon Development Corporation (collectively "Cephalon"), and the…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Scott v. HarrisSupreme Court of the United States · 2007
  4. Lamont v. New JerseyCourt of Appeals for the Third Circuit · 2011
  5. Nicole Blow v. Bijora, Inc.Court of Appeals for the Seventh Circuit · 2017

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3Cited by2 opinions

  1. Physicians Healthsource Inc v. Cephalon IncCourt of Appeals for the Third Circuit · 2020
  2. Robert W. Mauthe, M.D., P.C. v. MCMC LLCDistrict Court, E.D. Pennsylvania · 2019

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