Forever 21 Announces Payment Card Data Breach
Forever 21 has announced that it suffered a breach of its payment card systems, exposing consumer’s payment card information to hackers. If you shopped at Forever 21 between March of 2017 and October 2017 you are potentially affected by this breach. While Forever 21 has not advised the public or consumers which stores were specifically […]
Employees Should Be Paid During Rest Breaks
A major federal appellate court ruled last week that employees deserve to be paid during rest breaks that are up to twenty minutes or fewer. A publishing company called American Future Systems, Inc., doing business as Progressive Business Publications, had instituted a policy in which the company would not pay sales workers for any time […]
Riding Mower Lawn Tractor Rollover Hazards (Part I)
Riding mower lawn tractor rollovers have been a problem ever since riding mowers have been in existence. As early as 1970, studies began to be published indicating that they were the most frequent kind of accidents associated with these machines. By 1980, the Consumer Product Safety Commission began keeping statistics of persons taken to emergency […]
How the Drug Industry Crippled the Investigation Into the Opioid Crisis
The crisis facing our communities and neighborhoods from the over prescription and improper use of prescription opioid pain killers is well known. Every day in newspapers across the country the stories of those who have died of overdoses of these medications are told. If you read a newspaper, watch television or get your news from […]
Asbestos negligence claims after Third Circuit Decision to reject “Bare-Metal Defense”
Last week, in a precedential opinion, the U.S. Court of Appeals for the Third Circuit rejected a bright-line application of what has come to be known as the “bare-metal defense” in asbestos litigation. The holding is limited to claims of negligence under maritime law. Issues regarding strict liability claims and the government contractor defense were […]
Data Breaches: A primer on data breaches and what it means for consumers.
What is a “Data Breach”? Data breach refers to the release of data from a system without the knowledge or consent of its owner. Common examples of data breaches include hackers accessing a business’ systems to steal information; an employee or ex-employee stealing customer information; or the theft of computer devices (like laptops or USB […]
AMERICAN INNS OF COURT
One of the several professional organizations that I am a member of is the J. Willard O’Brien American Inn of Court (AIC). This organization is a chartered member of the American Inns of Court which is the oldest and largest legal mentoring organization in the country. AlC’s mission is to promote professionalism, civility, ethics, and […]
Hurricane Season 2017 to Climate Change Deniers: Hold My Beer!
I’ve written before in this space about climate change deniers President Trump and EPA Chief Pruitt, and how the denial of science in the face of overwhelming evidence discredits our nation and places all of us in environmental danger. From bad policy decisions to the failure of the EPA to protect our water and air, […]
LOCKS LAW FIRM ATTORNEY JAMES BARRY NAMED TO THE NATIONAL TRIAL LAWYERS “TOP 40 UNDER 40” LIST
Congratulations to associate James Barry who was selected as a “Top 40 under 40” attorney by the National Trial Lawyers. Mr. Barry focuses his practice on complex litigation including class actions and mass torts, and has appeared regularly in State and Federal Courts on behalf of consumers and workers. Mr. Barry has also been before […]
I remember the day I became a New Yorker.
I remember the day I became a New Yorker. It was not the day in 1991 when I landed at JFK Airport setting foot on American soil for the first time, a 21 year old Irish law graduate seeking adventure. It was not the day in 1994 when I moved, lock, stock and barrel, from […]
Commuter Train Collision
On August 22, 2017, shortly after midnight, a train pulling into the 69th Street Terminal Center in Upper Darby, PA collided with an unoccupied train car, resulting in approximately 42 injuries. All injuries have been reported to be non life threatening and the incident is currently still under investigation. This incident, the tragic Amtrak accident […]
City Select Auto Sales v. BMW Bank of North America, Inc., No. 15-3931 (3d Cir. August 16, 2017): An Important Consumer Win on Ascertainability.
Yesterday, in a precedential opinion the Third Circuit continued its limitation of the ascertainability requirement as applied to consumer class actions. The Circuit’s opinion in City Select is important as it not only limits the broad application of ascertainability as applied by some Courts, it also reflects that Defendants arguing that a class is not […]