Thorpe Shwer Obtains Dismissal in Action Against Municipal Employee

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.

Thorpe Shwer Partner André Merrett Joins Habitat for Humanity Central Arizona Board of Directors

Thorpe Shwer is pleased to announce that Partner André Merrett has joined the Habitat for Humanity Central Arizona Board of Directors. Habitat for Humanity Central Arizona is a nonprofit organization that builds and repairs affordable housing for families in need in Maricopa and Pinal counties. Over the years, Habitat for Humanity Central Arizona has made a significant impact on the local economy and the lives of its employees and volunteers. This work includes building more than 1,200 homes in Maricopa and Pinal counties, providing affordable housing solutions for families in need. Habitat for Humanity Central Arizona has also created jobs and volunteer opportunities, helping to stimulate the local economy and provide meaningful work and service opportunities for community members. The organization has also helped build stronger, more resilient communities by promoting homeownership and community development. “I’m pleased to have the opportunity to support Habitat for Humanity Central Arizona’s efforts to …

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.

Thorpe Shwer Secures Summary Judgment Victory and Clarity on Arizona Vicarious Liability and Notice Standards in Published Court of Appeals Opinion

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 …

Thorpe Shwer Successfully Defends Railroad Company at Trial

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 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.

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.