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Client alleges Nevada law firm entered into agreement to dismiss case without consent

By Bree Gonzales | Aug 8, 2018

NEW YORK (Legal Newsline) – A citizen of Las Vegas alleges a Nevada law firm caused her case against a medical company to be dismissed with prejudice without her consent.

Beverly J. Ezra filed a complaint on July 28 in the U.S. District Court for the Southern District of New York against Weitz & Luxenberg PC and Does and Roes 1 to 20 alleging breach of contract, misrepresentation, fraud and other counts.

According to the complaint, the plaintiff alleges July 7, 1997, she retained an attorney to represent her in a suit over allegations toxic chemicals used in breast implants manufactured by Bristol-Myer Squibb & Co. caused her injuries. The suit states the case was later transferred to the defendant law firm.

The suit states the plaintiff signed a tolling agreement with the defendant in 2000 and in the same year, the defendant filed an agreement with a court to dismiss her case with prejudice in direct contradiction to the agreement and without her knowledge. She alleges she did not learn of this until 2015.

The plaintiff holds Weitz & Luxenberg PC and Does and Roes 1 to 20 responsible because the defendants allegedly denied her the opportunity to reinstate her case and pursue entitlement for her injuries.

The plaintiff requests a trial by jury and seeks a sum of more than $10,000 for general damages, a sum in excess of $10,000 for special damages, punitive or exemplary damages at five times the damages awarded, and pre- and post-judgment interests. She is represented by Alan S. Levin of Alan S. Levin PC in Incline Village, Nevada.

U.S. District Court for the Southern District of New York case number 1:18-cv-06802-AKH 

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ALAN S. LEVIN, P.C U.S. Attorney for the Southern District of New York

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