Morgan & Morgan Drops False Advertising Fight With Phila. Firm
A courtroom turf war over Florida-based Morgan & Morgan's advertising in Philadelphia ended shortly after the firm added a new lawyer in the city.
May 08, 2018 at 01:59 PM
3 minute read
Screenshot of Matt Morgan, Morgan & Morgan ad.
National plaintiffs firm Morgan & Morgan appears to have settled a lawsuit brought by a smaller Philadelphia rival, Rosenbaum & Associates, over Morgan & Morgan's advertising practices in the city.
In an order filed May 4, U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania dismissed the case with prejudice in light of a stipulation by the parties. The stipulation followed news last week that Orlando-based Morgan & Morgan had hired a lawyer in Philadelphia to lead its office there.
Rosenbaum brought the false advertising suit in September under the Lanham Act. The firm alleged that Orlando-based Morgan & Morgan falsely advertises that it represents clients in Philadelphia, when it only has one lawyer in Pennsylvania with “little or no experience in handling personal injury matters.” Rosenbaum has claimed that Morgan & Morgan's advertising in Philadelphia has caused a decline in the number of new clients coming to Rosenbaum & Associates.
Jeff Rosenbaum had also taken his claims to television, running an ad in the fall pointing out that firm founder John Morgan lived in Florida, and does not have a Pennsylvania law license.
“Don't be fooled,” he said in the segment. “If you want a lawyer who actually lives and works in Pennsylvania, and who will be personally involved in your case, call me, Jeff Rosenbaum.”
Kevin Clancy Boylan, who was admitted to the bar in 2012, recently became the managing attorney of Morgan & Morgan's one-person Philadelphia office. Asked last week whether the addition was related to Rosenbaum's claims against the firm, a spokesperson for Morgan & Morgan said, “The hire is part of Morgan's growth plan for Philadelphia.”
Maurice Mitts, who represented Rosenbaum & Associates in the case, did not immediately return a call seeking comment Tuesday. Gaetan Alfano of Pietragallo Gordon Alfano Bosick & Raspanti, who represented Morgan & Morgan, declined to comment.
Kearney had previously denied Morgan & Morgan's motion to dismiss the case, although he did dismiss certain claims related to billboard and internet ads. Kearney said Rosenbaum made plausible claims that Morgan & Morgan's statements could mislead prospective clients in Pennsylvania into thinking they would get individual attention from members of the Morgan family.
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