Simon & Simon and its founder, Marc Simon, have filed a countersuit against Uber and FedEx, escalating a fight that has already pulled Philadelphia personal injury lawyers into a broader fraud and RICO dispute. The firm called the case a baseless effort to undermine its work, and it came less than one month after a federal judge refused to dismiss the RICO suit.
That timing matters because the countersuit was not filed in a vacuum. Between April 2025 and April 2026, plaintiffs brought well over 100 lawsuits alleging violations of the law, a pace that has kept the dispute in motion and put pressure on both sides to defend their positions in more than one forum.
Uber and FedEx have accused Simon & Simon and Marc Simon of fraud, but the new filing turns the fight back on them. Simon & Simon says the claims against it are baseless, while the court’s earlier refusal to dismiss the RICO case left the firm facing a live lawsuit instead of a quick exit. That is the contradiction at the center of this dispute: one side says it is being targeted unfairly, while a judge has already found enough to keep the larger case moving.
The arbitration ruling involving Philadelphia Court of Common Pleas Senior Judge Paula A. Patrick adds another layer to that pressure. Patrick sustained preliminary objections and concluded that the firm’s claims fall within the scope of the partnership agreement’s binding arbitration provision, meaning they must be pursued there. In the same wider legal backdrop, a group of five law firms was barred from handling settlement claims for former National Football League players in the $1 billion settlement for concussion-related injuries.
For Marc Simon, the countersuit is a way to challenge the fraud case before it defines the narrative around his firm. What remains unresolved is where the next real fight will land: in arbitration, in court, or in both at once.
