- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Federal Circuit
- United States District Court for the Eastern District of Pennsylvania
Ned Diver is a partner and has worked at the firm since 2005. He focuses on consumer and antitrust law, as well as civil rights. He is lead counsel in major challenges on behalf of consumers to the broadcasting practices of Major League Baseball and the National Hockey League. These cases resulted in settlements in 2015 and 2016 providing hundreds of millions of dollars in savings to consumers as well as important changes to sports broadcasting markets. He received the award for Outstanding Antitrust Litigation Achievement in Private Law Practice from the American Antitrust Institute for that work and has received numerous other awards for other matters. Ned has represented individuals, corporations, and classes in a broad range of industries from banking and financial products to pharmaceuticals.
Representative cases include In re NFL’s “Sunday Ticket” Antitrust Litigation, — F.3d —, 2019 WL 3788253 (9th Cir. Aug. 13, 2019) (reversing district court and holding that consumers stated claim that NFL broadcasting restrictions violate the antitrust laws); Garber v. Office of the Commissioner of Baseball, No. 12-3704 (S.D.N.Y.) (obtained settlement in case challenging Major League Baseball’s broadcast practices creating over $200 million in savings for consumers as well as increased availability of MLB telecasts); Laumann v. National Hockey League, No. 12-1817 (S.D.N.Y) (obtained settlement increasing out-of-market broadcast availability and lowering prices worth tens of millions of dollars to consumers); Apotex Inc. v. Sanofi-Aventis, No. L–2828–08 (N.J. Sup. Ct.) (lead arbitration counsel in dispute concerning attempt to settle patent litigation); Johnson v. Advance America, No. 07-3142 (E.D. Pa.) (lead counsel in action challenging payday lender’s practices in Pennsylvania); Reyes v. Zions First National Bank, No 10-345 (E.D. Pa.) (recovered $37.5 million to fraud victims in RICO action); Faloney v. Wachovia Bank, NA, No. 07-1455 (E.D. Pa.) (recovered over $150 million for consumers victimized by fraud in RICO action); Buck v. Stankovic, 485 F. Supp. 2d 576 (M.D. Pa. 2007) (obtained preliminary injunction upholding immigrant’s constitutional right to marry).
Ned graduated summa cum laude from the University of Pennsylvania Law School and was an editor of the Law Review. He also received a Ph.D. in philosophy from the University of Pennsylvania. He served as law clerk to Honorable Louis H. Pollak, United States District Judge for the Eastern District of Pennsylvania, and Honorable Anthony J. Scirica, Circuit Judge of the United States Court of Appeals for the Third Circuit, including an additional year as special clerk to assist Judge Scirica in his role as chair of the Committee on Rules of Practice and Procedure.
Ned is actively involved in a wide range of constitutional rights and other pro bono litigation. He is a member of the legal committee of the ACLU of Philadelphia, as well as a director of the Philadelphia chapter, and has regularly worked with the ACLU on litigation involving such issues as free speech, the right to marry, and immigrants’ rights. He has also worked frequently with public interest lawyers seeking assistance in bringing complex litigation. He has received awards from HIAS and Council Migration Service of Philadelphia and Community Legal Services for this work.
- American Antitrust Institute, Outstanding Antitrust Litigation Achievement in Private Law Practice, 2016
- Jewish Social Policy Advocacy Network, Social Justice Award, 2011
- Community Legal Service, Equal Justice Award, 2006
- HIAS and Council Migration Service of Philadelphia, Pro Bono Award, 2007
- Super Lawyer, 2011-2019
- Member, American Law Institute
- Member, Sports Lawyers Association
- Member, ACLU of Philadelphia Legal Committee