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Attorneys William Thorpe, Brad Shwer, and Sara Witthoft successfully defended against various allegations of constitutional deprivation by a municipal employee including claims under the state and federal due process clause, search and seizure clause, and equal protection clause. Following briefing, the court granted the motion to dismiss thereby dismissing all claims asserted against the municipal employee.

Attorneys André Merrett, Sara Witthoft, Brad Shwer, and Matt St. Martin obtained a voluntary dismissal of a public official in a high profile case in U.S. District Court for the District of Arizona. Plaintiff brought claims under 42 U.S.C. § 1983, 42 U.S.C. § 1985, and Arizona law against, among others, prosecutors in the Maricopa County Attorney’s Office, based on an alleged conspiracy to violate Plaintiff’s civil rights. After reviewing a draft of a motion to be filed on behalf of Thorpe Shwer’s client, Plaintiff agreed to voluntarily dismiss all claims against the firm’s client.

Attorneys William Thorpe and Mitch Fleischmann obtained summary judgment in the Superior Court of Maricopa County, Arizona on behalf of a religious order implicated in claims involving alleged sexual abuse. In securing full judgment on behalf of the Thorpe Shwer client, the trial court ruled in favor of the religious order in dismissing all claims against it, including negligence, vicarious liability, breach of fiduciary duty, intentional infliction of emotional distress, assault and endangerment. In a published opinion, the Arizona Court of Appeals subsequently affirmed the summary judgment granted in favor of Thorpe Shwer’s client. See Doe v. Roman Catholic Church of the Diocese of Phoenix, et al., 255 Ariz. 483 (App. 2023). Additionally, the appellate court clarified two important principles with respect to negligence-based and vicarious liability claims. First, the appellate court held, as a matter of law, that acts of similar misconduct by other employees cannot constitute notice to …

A case tried by Thorpe Shwer partners Bill Thorpe and Nicole Stewart was featured in the Arizona Trial Reporter (North), highlighting a significant win for one of Thorpe Shwer’s railroad clients. After a five-day jury trial in Maricopa County Superior Court and several years of aggressive litigation, Bill and Nicole obtained a favorable verdict for TS’s client, a passenger railroad. Plaintiff brought claims under the Federal Employers Liability Act for an injury he alleges he sustained while working for the railroad. At trial, the railroad did not heavily contest liability but disputed causation and the reasonableness of a significant portion of Plaintiff’s medical treatment and claimed damages. During closing argument, Plaintiff’s counsel asked the jury to award Plaintiff multiple millions of dollars in damages. After deliberating only one hour, the jury returned a unanimous verdict for $50,000, an amount close to the damages figure suggested by TS’s attorneys. Congrats to …

Thorpe Shwer attorneys Sara Witthoft and Matt St. Martin recently obtained summary judgment on behalf of an executive of a medical billing company in the Superior Court of Maricopa County, Arizona. Plaintiff alleged that Thorpe Shwer’s client tortiously interfered with his business expectation, aided and abetted the conversion of his property, and intentionally inflicted emotional distress upon Plaintiff. After more than a year of litigation and strategic handling of the case, which the Court ultimately found lacked merit entirely, Thorpe Shwer obtained dismissal of all of Plaintiff’s claims with prejudice. The Court also determined that the client was entitled to an award of his reasonable attorney fees. Sara and Matt were assisted by paralegal Carmen Boubek.

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.

Thorpe Shwer attorneys Brad Shwer, Nicole Stewart, Mitch Fleischmann, and Jamie Gill Santos obtained summary judgment in the Superior Court of Maricopa County, Arizona on behalf of a national franchisor in the massage industry. Plaintiff alleged that Thorpe Shwer’s client was vicariously liable for the sexual misconduct of an employee of an independently owned and operated franchise location. Plaintiff also alleged that the franchisor client was negligent in the hiring, training, and supervision of that employee. Finally, plaintiff advanced a premises liability argument against the client. After several years of litigation, the court granted summary judgment in favor of Thorpe Shwer’s client on all claims, finding that the franchisor could not be vicariously liable for the conduct of a franchisee’s employee and that the franchisor was not otherwise negligent in any respect.

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.