False Advertising Suit Against Philly Firm Dismissed

Wednesday, March 14, 2018 | 0

A federal judge has dismissed a false advertising suit against a Philadelphia law firm that was accused of advertising legal services that it did not actually provide.

Larry Pitt & Associates, also based in Philadelphia, accused Lundy Law of claiming in advertising that it handles workers’ compensation and Social Security disability cases, even though the firm refers those cases to outside attorneys.

One of Lundy’s ads stated, “Injured on the job? We’re here to help. Call now to talk directly to a workers’ compensation lawyer. At Lundy Law, your own lawyer will guide you through every step of the process.” And in print ads, Lundy listed workers’ compensation and Social Security disability as two of its practice areas, according to court documents.

Regarding workers’ comp cases, Lundy Law said that the cases were handled by attorney Lenard Cohen, who was “of counsel” to the firm. Lundy Law paid liability insurance for Cohen, who kept a Lundy Law email address, even though his firm, Law Offices of Lenard A. Cohen, is an independent firm, according to court documents. The firm’s offices are located within Lundy Law’s offices in Philadelphia.

In a Feb. 15 ruling, U.S. District Judge Cynthia M. Rufe of the Eastern District of Pennsylvania granted the Lundy firm’s motion for summary judgment in the case.

“There is every indication here that a prominent personal injury law firm in Philadelphia essentially rented out its name in exchange for referral fees and that its managing partner lied on television that his firm handled Social Security disability claims when it did not,” Rufe wrote in concluding her decision. “But when a plaintiff fails to meet its burden of establishing causation of harm or likelihood of future violations, the Lanham Act and Pennsylvania law do not permit a court to grant relief based solely on a defendant’s past misrepresentations.”

The attorney representing Pitt & Associates, Maurice Mitts, said he did not know if his client would appeal, the Legal Intelligencer reported last week.

Mitts is representing law firm Rosenbaum & Associates in another false advertising suit, against Morgan & Morgan.