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Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Just a few weeks after 20-year-old Cassie Smith filed suit against Hooters of America, claiming the restaurant placed her on weight probation, a second waitress has come forward and filed a similar claim, saying she was fired in 2009 for failing to loose sufficient weight.

Hooters officials claim they have a right to be concerned about their employees’ image because they are considered entertainers, not waitresses.

Both lawsuits, however, cite the Michigan Civil Rights Act, which bars employers from discrimination on the basis of religion, marital status, race, age, height and weight. Steve Neavling, Detroit Free Press 06/02/2010
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A New York jury awarded a Syracuse woman $1.7 million in a lawsuit she filed over an improper injection she received during the birth of her third child.

In October 2007, Tina Holstein was giving birth to her third child. Due to complications, a nurse gave her an injection in her back, but went too low and damaged her sciatic nerve, the lawsuit stated. Due to the nerve damage, Holstein has lower back problems and is limited in her physical activity.

Doctors say her condition will continue to get worse, the lawsuit stated. Jim O’Hara, The Syracuse Post-Standard 06/01/2010
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Bloomberg News (6/3, Fisk, Calkins) reports, “The US government asked a federal judge to reject Transocean Ltd.’s bid to use a 159-year-old law to cap its liability at $27 million for environmental claims tied to the Deepwater Horizon oil spill.

The Justice Department announced an investigation of whether any criminal or civil laws were violated in the BP Plc oil disaster in the Gulf of Mexico, the biggest US spill on record. The government is reviewing whether there were violations of the Clean Water Act and the Oil Pollution Act of 1990.”

The US filed the motion in Houston federal court to ‘make clear’ it’s entitled to pursue claims ‘for pollution response costs, environmental damages and other injuries stemming from the oil spill,’ Assistant US Attorney General Tony West wrote.

‘It is simply unconscionable, in the circumstances of this case, that Transocean is attempting to use this’ law to avoid paying states or the US for damages caused by the rig explosion, West said in a May 24 letter to Transocean’s lawyers.”

Read full Bloomberg article here.

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A New York man has been awarded $40 million in a lawsuit he filed against Verizon after he was struck and almost killed by one of the company’s vans.

Matthew Falcone was hit by a van going about 50 mph four years ago and spent weeks in the hospital in a coma. He suffers from brain damage and is partially paralyzed.

Scott Shifrel , New York Daily News 05/28/2010
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A Miami judge approved a lawsuit for class-action status over the issue of tainted drywall imported from China.

The lawsuit will represent 152 families and was filed against homebuilder South Kendall Construction Corp., Palm Isles Holdings, Keys Gate Realty and Banner Supply.

The lawsuit alleges that some of the drywall installed in Florida homes releases large amounts of hydrogen sulfide, which corrodes metal.

A Dallas jury awarded Dr. Nassar $3.6 million in a lawsuit he filed against University of Texas Southwestern Medical Center over racial and religious persecution.

According to the lawsuit, Nassar’s boss, Dr. Levine, told Nassar that she thought people from the Middle East were lazy and questioned his direct supervisor about his productivity.

Due to the harsh environment created by Levine, Nassar was driven to quite he job, he claims.

By SUE GOETINCK AMBROSE and BROOKS EGERTON / The Dallas Morning News
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The company at the center of a massive recall of children’s Tylenol and other popular over-the-counter products tried to perform a “phantom recall” of defective Motrin by sending contractors around the country to buy up the medicine from stores without alerting regulators or the public.

When faced last year with Motrin IB caplets that were not dissolving properly, McNeil Consumer Healthcare, a division of Johnson and Johnson, hired contractors to buy the products under orders not to mention the term “recall.”

After the Food and Drug Administration discovered the effort — because one of the contractors accidentally dropped an instruction sheet on the floor of a store — McNeil announced a recall of roughly 88,000 packages of the product.

Read the full story here at the Washington Post.

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In another setback in the effort to stem the flow of oil gushing from a well a mile beneath the Gulf of Mexico, BP engineers said that the “top kill” technique had failed and they had decided to move on to another strategy.

The abandonment of the top kill technique, was the latest in a series of failures. First, BP failed in efforts to repair a blowout preventer with submarine robots. Then its initial efforts to cap the well with a containment dome failed when it became clogged with a frothy mix of frigid water and gas.

BP has started work on two relief wells, but officials have said that they will not be completed until August — further contributing to what is already the worst oil spill in United States history.

Read the full story here at the New York Times.

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Plaintiff Andrew McCarrell was awarded $25.16 M in damages in his lawsuit against Roche Holding AG, maker of Accutane. McCarrell alleged in his lawsuit that his use of Accutane resulted in inflammatory bowel disease. McCarrell underwent five surgeries, including one to remove his colon.

According to Bloomberg on 2/16/10, McCarrell initially was awarded $2.62 M in his lawsuit, but that award was overturned and a new trial was ordered.

Accutane was introduced to the market in 1982 with a list of serious side effects including birth defects and depression. More than 13 million people reportedly used Accutane before Roche removed it from the market in June 2009, citing the cost of personal injury lawsuits.

May 22, 2010. By Heidi Turner Read full story here Lawyers and Settlements

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Lawsuits in California state court against Toyota Motor Corp. related to sudden acceleration of its vehicles should be coordinated so they can be handled more efficiently, a judge said.

Judge West said he will recommend to the California Supreme Court’s chief justice that the cases be coordinated in either Los Angeles or Orange County. He also said he would recommend that the personal injury cases either proceed as a separate group before the same judge or in one group on separate tracks with the class-action lawsuits alleging economic loss.

Toyota, the world’s largest automaker, faces at least 228 federal and 99 state lawsuits including proposed class actions over economic loss and claims of personal injuries or deaths allegedly caused by sudden-acceleration incidents. The federal lawsuits were combined April 9, before U.S. District Judge James V. Selna in Santa Ana, California.

Read the full Bloomberg story here.

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