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Thorpe Shwer attorney André Merrett recently obtained a hard-fought trial victory on behalf of multiple client. The case arose out of probate dispute in which our clients were threatened with disinheritance from an estate based on allegations related to a no contest clause in the trust agreement. Specifically, Petitioners alleged that our clients violated the trust agreement’s no contest clause by attempting to impair or invalidate (1) one or more provisions of the trust agreement itself, and (2) the beneficiary designations in an insurance policy, money market account, and IRA. Following years of litigation, including appellate practice, trial resulted in a complete victory for our clients.

Congratulations to Thorpe Shwer attorneys Bill Thorpe and Lorena Van Assche who recently obtained a trial victory on behalf of a Fortune 500 client.  The case arose out of a commercial lease dispute related to the condition of the property when tenant vacated, with three parties and well over a million dollars at issue. After extensive discovery and hard-fought summary judgment briefing, the case culminated in a two-week jury trial in the Superior Court of Maricopa County, Arizona.  Bill and Lorena were some of the first litigators to participate in an Arizona state civil jury trial since COVID-19 restrictions were eased.  During the tenant’s case-in-chief, Bill and Lorena effectively cross-examined the tenant’s witnesses, and Lorena elicited favorable testimony for the client from the expert witnesses retained by the other parties. When the tenant rested its case, Bill and Lorena moved for judgment as a matter of law on all of …

Nicole Stewart recently obtained dismissal of a Medical Board Complaint filed by a patient against her client, a physician with one of the largest nonprofit hospital systems in the country. After aggressively defending her client throughout the administrative process, Nicole’s hard work resulted in a finding by the Arizona Medical Board that there was no violation of the Arizona Medical Practice Act. Accordingly, the Board dismissed the Complaint against her client in its entirety. Nicole has represented doctors, nurses, dentists, chiropractors, skilled nursing facilities, and other health care providers in various forums, including in front of the Arizona Medical Board, at mediation, and in state court, up until and including trial. Nicole also defends medical providers at depositions in which they are testifying as a fact witness, both locally and out-of-state. 

Thorpe Shwer attorney Sara Witthoft recently obtained summary judgment on behalf of a medical billing client in the U.S. District Court for the District of Arizona. The dispute arose out of a breach of an agreement Thorpe Shwer’s client had with medical providers to process and bill out-of-network insurance claims. The District Court granted summary judgment in favor of Thorpe Shwer’s client on liability on its breach-of-contract claim and recently entered summary judgment on contract damages, awarding the client more than $800,000 in principal damages and late fees, plus accrued interest. The Court also determined that the client is entitled to an award of its reasonable attorney fees. Sara was assisted by paralegal Carmen Boubek.

Thorpe Shwer attorneys Bill Thorpe, André Merrett, and Jamie Gill Santos recently obtained a favorable verdict on behalf of a major Class I interstate railroad following a two-week jury trial in the Superior Court of Maricopa County, Arizona. The case was brought under the Federal Employers’ Liability Act by a former locomotive engineer who alleged that he injured his back while boarding a locomotive on mainline track in Holbrook, AZ. At trial, the plaintiff alleged that he was unable to return to work as a locomotive engineer.  Plaintiff demanded between $1,590,000 and $2,250,000 in lost wages alone, in addition to damages for pain and suffering. Thorpe Shwer presented evidence that the plaintiff’s symptoms were actually caused by  longstanding pre-existing degenerative conditions, not the alleged incident, that at most any aggravation of those conditions resolved itself shortly after the injury, and that he failed to mitigate his damages by not returning to his position …

On June 19, 2018,Thorpe Shwer attorneys Brad Shwer and Bill Thorpe finalized a two-year effort to obtain relief on behalf of one of its regional building and construction supply clients. The client retained Thorpe Shwer after two of its employees were injured in an accident caused by a brake failure while the employees were driving down a significant downgrade south of Payson, Arizona.

Thorpe Shwer attorneys successfully defended one of the nation’s largest franchisors in a matter in Florida state court. The complaint alleged various allegations of negligence and vicarious liability.

Thorpe Shwer attorneys, led by Bill Thorpe, recently obtained a favorable verdict on behalf of a major Class I interstate railroad following a three-week jury trial in the Superior Court of Maricopa County, Arizona. The case was brought under the Federal Employers’ Liability Act by a former conductor who alleged that he injured his right ankle and knee while dismounting a locomotive at the defendant’s yard. At trial, the plaintiff alleged that he was unable to return to work as a conductor and that he would require additional treatment for his right knee in the future. Plaintiff requested over $6 million in lost wages and pain and suffering damages. Bill presented evidence that the plaintiff’s liability theory lacked merit, his claimed injuries were inconsistent with his description of the event, and he failed to mitigate his damages by abandoning two separate positions given to him by the defendant in favor …

Attorneys Andrea Marconi, André Merrett, and Kristin Paiva obtained a stipulated dismissal for a public official in a high-profile case stemming from allegations of sexual misconduct committed by a university assistant coach. The complaint alleged that Thorpe Shwer’s client was liable for actions or omissions allegedly taken during the investigation of Plaintiff’s claims. After filing a motion for summary judgment on the basis of qualified immunity, Plaintiff agreed to a stipulated dismissal of the client.

Thorpe Shwer attorneys Brad Shwer, Kristin Paiva, and Tyler Grim obtained a stipulated dismissal for one of the nation’s largest franchisors in a matter in Arizona superior court. The complaint alleged counts of negligence, vicarious liability, and negligent hiring, training, and supervision. After Thorpe Shwer filed a motion to dismiss on behalf of the franchisor, the plaintiff agreed to a stipulated dismissal with prejudice.