August 2017

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 in Philadelphia in May of 2015 as well as the Hoboken train crash in September of 2016 are stark reminders of the importance of safety,  awareness and how we must work together as a community to make sure we are all safe. Locks Law has the affected persons as well as their families in our thoughts today, as no one should be worried about the safety of a family member going to work.

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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 ascertainable should be required to turn over information in its possession about potential class members prior to the certification of a putative class.  Importantly the Circuit also noted that ascertainability did not constitute a per se ban on the use of class members’ affidavits to determine class membership.

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Marc Weingarten Elected to 2 Leadership Positions with the AAJ

Congratulations to Senior Partner Marc Weingarten who was elected to two (2) leadership positions at the American Association for Justice (AAJ) Annual Convention in Boston in July. 

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