Thorpe Shwer Attorneys Recognized in 2023 Edition of The Best Lawyers in America®

Thorpe Shwer, a premier litigation law firm representing clients throughout Arizona and across the country, is pleased to announce that 4 of its attorneys have been recognized in the 2023 Edition of The Best Lawyers in America®. These attorneys were selected following a peer-review survey that examines their professional abilities, current practice, and experience. Additionally, 3 Thorpe Shwer attorneys have been recognized in the 2023 Edition of Ones to Watch: Best Lawyers in America®, which highlights the professional excellence of attorneys who have been in practice for less than 10 years. This recognition is a testament to the entire Thorpe Shwer team, and the firm’s dedication to serving its clients.

Thorpe Shwer Obtains Voluntary Dismissal of Public Official in Federal Court Action

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.

Max Shanahan Joins Thorpe Shwer

Thorpe Shwer is pleased to announce that Max Shanahan has joined its team as an Associate. Max is a civil litigator who has experience overseeing matters throughout various stages of litigation. His practice involves general civil and commercial litigation. Max also has experience handling insurance defense, construction defect, and premises liability matters. Before joining Thorpe Shwer, Max was an associate at the national law firm Koeller, Nebeker, Carlson, & Haluck. Max is a native of Arizona, being born and raised in Flagstaff before attending Northern Arizona University, where he received his Bachelor’s degree in Business Administration with an emphasis in finance. Max then went on to attend law school at Arizona State University, where he received numerous academic accolades, and held leadership positions with multiple journals. Additionally, Max was elected by his peers to be a class representative for the law school’s student government.

Thorpe Shwer Attorneys Named to 2022 Super Lawyers

Thorpe Shwer is proud to announce that Super Lawyers has rated Bill Thorpe, Brad Shwer, André Merrett, Sara Witthoft, Ryan Patterson, and Lorena Van Assche as 2022 Super Lawyers, and Nicole Stewart as a Rising Star. Super Lawyers is the preeminent, research-driven, peer-influenced rating service of lawyers. Congratulations to this amazing team!

Thorpe Shwer Wins Summary Judgment for Client and Obtains Attorney Fee Award

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 Earns Trial Victory in Probate Dispute

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 Bill Thorpe and Lorena Van Assche Secure Trial Victory in Million-Plus Dollar Commercial Dispute

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 …

Thorpe Shwer Obtains Dismissal of a Medical Board Complaint on Behalf of a Physician Client

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 Wins Summary Judgment on Liability and Damages for Medical Billing Client

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.