News &
Resources

Thorpe Shwer, P.C. attorneys Bill Thorpe, Brad Shwer, and Jamie Gill Santos were successful in arguing to the Ninth Circuit that the District of Nevada’s ruling on summary judgment in favor of its major Class I railroad client should be affirmed. The case was brought by a trespasser who was struck along mainline track in New Mexico and sustained serious injuries. The trespasser’s wife also sued. The plaintiffs raised numerous theories of liability against both the railroad operating the train involved in the accident, as well as another railroad that owned the tracks in question. The district court granted both railroads summary judgment on all claims, finding that the only duty owed to the trespasser under New Mexico law was not to willfully or wantonly injure him and that there was no evidence suggesting the railroads acted in such a manner. The plaintiffs appealed the summary judgment decision pertaining to …

Thorpe Shwer attorneys Bill Thorpe, Brad Shwer, and Adam Reich successfully obtained summary judgment on behalf of a major Class I railroad in a matter in Maricopa County Superior Court. The case was brought by the injured driver and the representatives of a deceased passenger following a fatal grade crossing accident in Northern Arizona. The plaintiffs raised numerous theories of liability against the defendant, including claims related to the actions of the train crew, the physical characteristics of the crossing where the accident occurred, and several alleged violations of federal regulations. After extensive briefing in 2013 related to, among other things, federal preemption of the plaintiffs’ claims, the court granted summary judgment to the defendant, resulting in the dismissal of all claims against the defendant. The plaintiffs appealed to the Arizona Court of Appeals, who upheld the majority of the trial court’s decision. The Court of Appeals determined, however, that …

Thorpe Shwer attorney, Adam Reich, and Laurel Stevenson of Haden Cowherd & Bullock in Springfield, Missouri, recently obtained a unanimous defense verdict on behalf of a major Class I interstate railroad following a five-day jury trial in Webster County, Missouri. Adam became involved in the case less than a month before trial at the request of the client’s General Counsel. The litigation arose following an accident in which the plaintiff struck the side of the defendant’s train at a public grade crossing. The then 25-year-old plaintiff underwent eight surgeries following the accident for various orthopedic injuries. At trial, the plaintiff advanced several theories of liability concerning the actions of the train crew and alleged that the defendant failed to comply with several federal regulations. The plaintiff’s experts claimed that she suffered traumatic brain injuries, as well as serious orthopedic injuries. They estimated that plaintiff’s economic losses exceeded $4 million. Following …

Thorpe Shwer attorneys William Thorpe and Adam Reich, along with Laurel Stevenson of Haden, Cowherd & Bullock in Springfield, Missouri, recently obtained a complete defense verdict on behalf of a major Class I interstate railroad, following a two-week jury trial in the Circuit Court of Pulaski County, Missouri. The case was brought by an injured plaintiff and his spouse arising out of an accident in which the plaintiff was struck by the defendant’s train at a private grade crossing. At trial, the plaintiffs advanced numerous theories of liability concerning the physical characteristics of the crossing and the defendant’s policies regarding the sounding of the train’s horn on approach to private crossings. Plaintiffs claimed the injured party suffered a traumatic brain injury, spinal injuries, and multiple orthopedic injuries as a result of the accident. The trial court granted the defendant’s motion for directed verdict at the close of the plaintiffs’ case-in-chief …

Thorpe Shwer attorneys Brad Shwer and Kristin Paiva successfully defended one of the nation’s largest and fastest-growing franchisors with over 1,000 franchisee-owned locations in a matter in Nevada state court. Among other things, the complaint alleged claims for breach of contract, tortious and contractual breach of the implied covenant of good faith and fair dealing, negligent hiring/training/supervision/retention, infliction of emotional distress, vicarious liability, negligent business operations, and punitive damages. Following briefing and oral arguments, and within two months of the filing of the complaint, the court granted the motion to dismiss, thereby dismissing all claims against the client.

Thorpe Shwer attorneys Brad Shwer and Andrea Marconi successfully defended one of the nation’s largest and fastest-growing franchisors with over 1,000 franchisee-owned locations in an employment-related matter in California state court. The complaint alleged, inter alia, retaliation under the California Fair Employment and Housing Act, wage and hour violations under the California Labor Code, and tort claims. Plaintiff dismissed all claims against our client without prejudice, less than two months after our firm’s initial appearance and while Thorpe Shwer’s motion for summary judgment was still pending.

Thorpe Shwer attorneys Bill Thorpe, Adam Reich and Jamie Gill Santos obtained a defense verdict for a client following a two-day bench trial of a forcible entry and detainer action. The case was brought by a landlord to evict Thorpe Shwer’s client, a successful, high-end nightclub in the Downtown Scottsdale Entertainment District. Thorpe Shwer aggressively defended the client through expedited discovery and trial, obtaining a complete victory, including a finding by the court that the client was entitled to recover its attorney’s fees from the adverse party.

Thorpe Shwer attorneys Bill Thorpe, Brad Shwer, and Kristin Paiva represented BNSF Railway Company in an appeal brought before the Arizona Court of Appeals, Division I. The appeal involved the preemptive scope of the Locomotive Inspection Act, 49 U.S.C. § 20701, et seq. (the “LIA”). The Court of Appeals, in a 3-0 published decision, determined that the LIA did not preempt BNSF’s state law cross-claims for indemnification and contribution against a locomotive seat manufacturer, holding: “although [the] LIA establishes uniform safety regulations and preempts claims based on a state-specific standard of care, it does not preempt claims based on the federal standard.” See BNSF Railway Company v. Seats Incorporated, 237 Ariz. 259 (App. 2015).

Thorpe Shwer attorneys Bill Thorpe and Adam Reich achieved a dismissal with prejudice of a claim brought pursuant to an asset purchase agreement between two manufacturers of pet-care products. Thorpe Shwer moved to dismiss the complaint owing to plaintiff’s failure to comply with certain provisions in the asset purchase agreement concerning preconditions to any suit between the parties. The court granted the motion and dismissed the lawsuit with prejudice, and awarded attorney’s fees to Thorpe Shwer’s client.