Rosenbaum Shelves Bid to Pull Plug on Morgan & Morgan Ads, for Now

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Screen Shot of Matt Morgan, Morgan and Morgan Ad.
Screen Shot of Matt Morgan, Morgan and Morgan Ad.

Screenshot of Matt Morgan, Morgan & Morgan ad.[/caption] The Philadelphia plaintiffs' firm suing Orlando-based Morgan & Morgan for alleged false advertising has at least temporarily shelved its bid to block Morgan & Morgan's television commercials as the case progresses. Rosenbaum & Associates and Jeff Rosenbaum filed a notice last week that they planned to withdraw their injunction motion, and U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania denied it as withdrawn. Rosenbaum’s suit alleges that Morgan & Morgan has been running deceptive advertisements, causing a decline in new clients at Rosenbaum & Associates. He had sought an injunction to keep the ads off the air while the case is pending. In an email Thursday, attorney Ryan Cohen of Rosenbaum & Associates, who is representing his firm, said they withdrew the motion "because we are in the process of accumulating consumer survey data that may be used to support a future injunction motion." In an order earlier this month, Kearney denied Rosenbaum's motion to compel information about past Morgan & Morgan advertisements and referral relationships. Kearney said that information would not be necessary to argue on whether current commercials should be taken off television while the case is pending. With regard to the motion to compel, Morgan & Morgan had accused Rosenbaum of being on "a fishing expedition, essentially seeking ‘full case’ discovery in the guise of a motion for preliminary injunction." The parties are set to address discovery matters Jan. 4 at an initial pretrial conference. The injunction motion was previously set to be heard that day as well. Meanwhile, Morgan & Morgan's motion to dismiss the suit is still pending. The firm asserts that Rosenbaum's claims are "grossly deficient." Morgan & Morgan has also argued that law firm advertising practices in Pennsylvania are regulated by the Pennsylvania Supreme Court’s Disciplinary Board, and do not make for a private cause of action. Gaetan Alfano of Pietragallo Gordon Alfano Bosick & Raspanti, who is representing Morgan & Morgan, declined to discuss the motion withdrawal and upcoming conference.