Philadelphia personal injury lawyers at Simon & Simon, led by Marc Simon, filed a countersuit against Uber and FedEx after their RICO suit fight moved into a new phase. The firm said the case is a baseless
effort to undermine it. Philadelphia Court of Common Pleas Senior Judge Paula A. Patrick later sent the firm’s claims to arbitration.
Marc Simon And Simon & Simon
The filing puts Simon & Simon and its founder directly against Uber and FedEx in the same dispute that has been moving through the courts for less than one month. The countersuit followed a federal judge’s denial of attempts to dismiss the RICO suit, leaving the companies’ claims alive when the firm answered back.
Marc Simon is named in the filing as the founder of the Philadelphia firm. His role matters because the countersuit is not just about the company name; it ties the dispute to the person who leads the practice and to the claims the firm is now fighting on two tracks.
Paula A Patrick And Arbitration
Judge Paula A. Patrick sustained preliminary objections and concluded that the firm’s claims fall within the partnership agreement’s binding arbitration provision. She also concluded that those claims must be pursued in arbitration, which moves the dispute away from court litigation and into a different forum for resolving the same underlying fight.
That procedural ruling leaves Simon & Simon pressing its counterclaim while the court has directed the underlying claims out of the courtroom. For Uber and FedEx, the effect is a narrower path in court and a dispute that now has to proceed under the agreement the judge applied.
Uber And FedEx In
The unresolved issue is the fraud theory inside the RICO suit itself. The filing describes it as a fight over alleged misconduct, but the new court action focuses on whether the companies’ case is a lawful attack or, as Simon & Simon put it, a baseless effort to undermine the firm.
For the parties, the practical next step is arbitration on the firm’s claims, not a new round of courtroom motion practice. The countersuit keeps the pressure on Uber and FedEx, but the judge’s ruling controls where the dispute now has to be argued.
