After suing an Orlando-based personal injury firm for allegedly false advertising, a Philadelphia plaintiffs lawyer is fighting fire with fire—or, rather, commercials with commercials.
Lawyer Jeff Rosenbaum of Philadelphia’s Rosenbaum & Associates has created a television spot running in Pennsylvania that attacks Florida-based Morgan & Morgan for advertising its services in Pennsylvania. Reminiscent of a political attack ad, Rosenbaum’s commercial says John Morgan, the founder of Morgan & Morgan, lives in Florida and does not have a Pennsylvania law license.
“Don’t be fooled,” he says 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.”
Rosenbaum’s firm already sued Morgan & Morgan and its principals in federal court, alleging the firm falsely advertises that it represents clients in the Philadelphia area, when it only has one attorney in Pennsylvania with “little or no experience in handling personal injury matters.” The complaint claimed that Morgan & Morgan had spent more advertising money in Philadelphia than any other personal injury firm in the year preceding August 2017.
The lawsuit, filed in the U.S. District Court for the Eastern District of Pennsylvania, alleged false advertising in violation of the Lanham Act and unfair methods of competition under Pennsylvania common law.
Rosenbaum claimed that his firm has experienced a decline in the overall number of new clients it represents because of Morgan & Morgan’s advertisements. Subsequently, the firm also said its client-to-client referrals are down because of the allegedly deceptive advertising.
“Defendants have willfully and intentionally misrepresented the nature of their practice and their involvement with potential personal injury claims in an effort to deceive the consumers in the Philadelphia market,” the complaint said.
Gaetan Alfano of Pietragallo Gordon Alfano Bosick & Raspanti, who is representing Morgan & Morgan, said with regard to the advertisement, “We will respond at the appropriate time in court.”
Pietragallo Gordon partner Eric Soller in Pittsburgh was also admitted pro hac vice, as he has focused part of his practice on Lanham Act issues, which often come up in trademark disputes.
Ryan Cohen of Rosenbaum & Associates, who is representing his firm in the case, did not return a call seeking comment on Friday.