On December 26, 1960 the underdog Philadelphia Eagles stunned the Green Bay Packers at Franklin Field to win the NFL championship. I attended that game as a 1st year law student and I joined the rest of the city and celebrated the win. Today, 57 years later, I can still vividly recall the touchdown pass from Norm Van Brocklin to Tommy McDonald that was a key part of the Eagles 17-13 victory. And I am proud to represent Mr. McDonald, along with over 1,100 other former NFL players, in the concussion litigation.
Fly Eagles Fly
How can Locks Law Firm celebrate the appearance of the Philadelphia Eagles in Super Bowl LII given that we have been battling against the NFL in the concussion litigation for over six years? Quite easily and joyously! Yes, the conduct of the National Football League in failing to protect its players from the risks of chronic traumatic encephalopathy (CTE) has been heinous. And yes, the NFL continues to throw every roadblock possible in the way of former players and the the surviving spouses and families of former players seeking compensation pursuant to the settlement which was achieved in the litigation. It's even true that in the first couple of years after I began working on the case I had a difficult time watching the games. Seeing players suffer obvious concussions and being permitted to continue playing was horrifying given my knowledge of the risks that would result from their being permitted to continue playing. But changes have been made. Things are improving. It is still far from perfect, but the concussion protocol which has been implemented, I believe in large part because of the litigation, is a huge improvement. Rob Gronkowski did not return to the AFC championship game after suffering a concussion. Five years ago he likely would have, to his detriment. We at Locks Law Firm are proud to have played a role in spurring the NFL to implement these long overdue changes.
Riding Mower Tractor Rollover Hazards (Part III)
In previous blog entries on this subject, we have discussed the general nature of the hazard of lawn tractor rollovers and some of the statistics that have been compiled concerning them. We also have addressed the industry history of Rollover Protection Systems (ROPS) and its’ near 100% effectiveness in preventing death. We have also discussed some of the defenses which the tractor manufacturers have asserted in court to justify why they either do not have ROPS available or make them available only as extra optional equipment for an additional price.
Update on PA surveillance video
Surveillance videos can make or break a case. The Pennsylvania Supreme Court issued an important opinion on access to police dash-cam videos, or motor vehicle recordings (MVRs), on June 20, 2017 in Pennsylvania State Police v. Grove, 161 A.3d 877 (Pa., 2017). Grove was the subject of a prior blog. Since Grove, there have been a new statute and a new case that are both important.
CONSUMER FRAUD CLASS ACTION: NEW YORK SPORTS CLUBS
A CLASS ACTION LAWSUIT HAS BEEN FILED IN JIATZ v. NEW YORK SPORTS CLUBS, BERGEN COUNTY SUPERIOR COURT, NEW JERSEY, DOCKET NO: L-5245-17.
THE ABOVE CLASS ACTION ALLEGES VIOLATIONS OF THE NEW JERSEY CONSUMER FRAUD ACT AND THE TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ON THE PART OF NEW YORK SPORTS CLUB. THE DEFENDANT DENIES AND DISPUTES ANY SUCH ALLEGATIONS CONTAINED IN THE COMPLAINT.
Why I Voted
Today is Election Day. November 7th, 2017. And I have a very different feeling this election day than previous election days. I feel as though this political climate paired with current events has left Americans feeling 2 ways:
The Heart Of A Plaintiff’s Personal Injury Lawyer
Early into my days here at Locks Law, I began to wonder. How is it that these attorneys are successful when each of them are unique in personality? Affable, Intense, Inquisitive, Well-Versed, Precise, Tough, Assertive, Aggressive, Ambitious, Bold, Energetic, Hard-Working. These are some of the quality characteristics you will find in the attorneys at Locks Law. No one is a carbon copy of the other. No one is alike. We practice personal injury law, but there is even some variation in the types of areas that we practice. Yet, there is one common thread. The Heart. That is, the heart of a Plaintiff’s Personal Injury Lawyer.
Uber Delays Announcing Data Breach - Increasing Harm to Consumers and Drivers
Today Uber Technologies announced a massive data breach of approximately 57 million consumers and drivers. Compounding the damage done by Uber's failure to secure customer and driver data Uber chose to cover up the breach - reportedly going so far as to pay $100,000 to the hackers responsible for stealing the data. The failure to notify people affected by a data breach only compounds the problems caused by a breach, as the delay costs people the opportunity to protect themselves from identity theft or other scams. That is why nearly every state has passed a Data Breach Notification Law, requiring businesses to tell affected people when their data has been compromised. These laws are important safeguards to protect individuals affected by a breach and Uber should be held accountable for violating consumers and drivers rights.
Gratitude Practice II
So, in this space and during this time of year I have written before on gratitude practice. To me, as an attorney whose professional life centers on conflict, I have always tried to hold the traditional holiday season as a time to slow down a bit and spend some time in reflection on what the past year has brought and what I have done with the days that were given to me. As I write this piece I am waiting for my son to arrive home from Boston to spend time with us during Thanksgiving. My waiting for him reminded me of a time in his early life when he (and we) suffered a health scare that gratefully was only that---a scare. But I remember that it taught me a lesson in gratitude. It taught me to see the sacred in the outwardly mundane, and to know that in the sacred, nothing is mundane.
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 affected, consumers who used their credit or debit cards between March 2017 and October 2017 should monitor their accounts for fraudulent charges. Consumers faced with fraudulent charges should immediately notify their banking institution of the charges, and freeze or cancel the affected cards.