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Thorpe Shwer Prevails in BNSF Railway Company v. Seats Incorporated

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 Recognized As Super Lawyers 2015

Thorpe Shwer, P.C., a leading litigation boutique in Phoenix, Arizona, is pleased to announce that William Thorpe, Andrea Marconi, and Kristin Paiva have been named in Super Lawyers 2015. 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, Personal Injury – Defense, and Business Litigation. Ms. Marconi was named as a Super Lawyer in Business Litigation, and Ms. Paiva was named as a Rising Star in General Litigation. The Rising Star is a category that recognizes …

Thorpe Shwer Files Successful Motion to Dismiss in Commercial Litigation Action

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.