News & Resources

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.

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 …

Thorpe Shwer, P.C. announces that Bill Thorpe and Brad Shwer have been selected by its peers for inclusion in the 2020 edition of The Best Lawyers in America for its work in Commercial Litigation, Personal Injury Litigation-Defendants, and Railroad Law. Best Lawyers in America® is universally recognized as the definitive guide to legal excellence that recognizes lawyers entirely based on reviews by their peers on the basis of professional expertise.

Thorpe Shwer is proud to announce that founding partner William Thorpe was named one of the top 50 lawyers in the State of Arizona by Super Lawyers in the 2019 rankings. Super Lawyers, a Thomson Reuters organization, is a research-driven, peer influenced rating service of lawyers.

Thorpe Shwer is proud to announce that founding partner Brad Shwer was named one of the top 100 lawyers in the State of Arizona by Az Business Magazine in the 2019 rankings. Each year, Az Business magazine’s editorial team collaborates with industry experts to choose the top 100 lawyers from all Arizona attorneys. The magazine bases its selections on criteria like professional success and impact on the legal profession.

Thorpe Shwer, P.C., a leading litigation boutique firm in Phoenix, Arizona, announces that Bill Thorpe, Brad Shwer, André Merrett, Jamie Gill Santos, Ryan Patterson and Nicole Stewart have been named in Super Lawyers 2019. Super Lawyers is a rating service of outstanding attorneys who have attained a high-degree of peer recognition and professional achievement. The research team at Super Lawyers, which is a service of the Thompson Reuters-Legal Division, makes the selections after conducting a rigorous process that includes a statewide survey of attorneys, independent evaluation of candidates, and peer review. Each year, no more than 5 percent of lawyers in Arizona receive this honor. Mr. Thorpe was named as a Super Lawyer in Civil Litigation: Defense, Mr. Shwer in Personal Injury General: Defense, Mr. Merrett in Business Litigation, and Mr. Patterson in Products Liability: Defense. Ms. Stewart was named as a Rising Star for Civil Litigation.