News & Resources

Thorpe Shwer is proud to announce that partner Andrea Marconi was named one of the top 100 lawyers in the State of Arizona by Az Business Magazine in the 2017 rankings. Each year, Az Business magazine’s editorial team collaborates with industry experts to choose the top 100 lawyers from a pool of more than 1,000 Arizona attorneys. The magazine bases its selections on criteria like professional success and impact on the legal profession.

In March, Thorpe Shwer partner, Kristin Paiva, presented to attorneys and other industry leaders at the Winter meeting of the National Association of Railroad Trial Counsel about how state regulations are treated in the context of the Federal Employers Liability Act (“FELA”). 45 U.S.C. § 54a provides that certain regulations, standards, and requirements prescribed by a State agency are deemed to be “statutes” for the purposes of Sections 53 and 54 of the Federal Employers Liability Act. Ms. Paiva’s presentation, entitled: “The Scope of Section 54a: An analysis of the actionability of state regulations under the FELA,” explored the kinds of state regulations that should be considered “statutes” and the reasons why it matters in the context of FELA litigation. Ms. Paiva also examine the applicable federal precedent and scrutinized arguments made by plaintiff’s counsel in favor of a broad interpretation. 

Thorpe Shwer, P.C., a leading litigation boutique firm in Phoenix, Arizona, is proud to announce that Martindale-Hubbell has rated one of our founding partners, William Thorpe, as AV® Preeminent™ for twenty years. Mr. Thorpe received the highest possible peer review rating in legal ability and ethical standards.  

Thorpe Shwer, P.C., a leading litigation boutique firm in Phoenix, Arizona, announces that it has been selected by its peers for inclusion in the 23rd edition of The Best Lawyers in America for its work in Commercial Litigation, Personal Injury Litigation-Defendants, and Railroad Law.

Thorpe Shwer attorneys Brad Shwer and Kristin Paiva successfully obtained summary judgment on behalf of a husband and wife seeking to recover damages resulting from a breach of a promissory note. After the judgment was issued, the parties entered into a favorable settlement agreement.

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, P.C., a leading litigation boutique firm in Phoenix, Arizona, announces that William Thorpe, Andrea Marconi, Kristin Paiva, and Jamie Gill Santos have been named in Super Lawyers 2016. 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, Personal Injury – Defense and Business Litigation, and Ms. Marconi was named as a Super Lawyer in Business Litigation. Ms. Paiva and Ms. Gill Santos were both named as Rising Stars.

Thorpe Shwer is proud to announce that Andrea Marconi was named one of the top 25 women lawyers in the State of Arizona by Super Lawyers in the 2016 rankings. Super Lawyers, a Thomson Reuters organization, is a research-driven, peer influenced rating service of lawyers.  

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 …