News & Resources

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 …

Thorpe Shwer attorneys William Thorpe and Adam Reich, along with Laurel Stevenson of Haden, Cowherd & Bullock in Springfield, Missouri, recently obtained a complete defense verdict on behalf of a major Class I interstate railroad, following a two-week jury trial in the Circuit Court of Pulaski County, Missouri. The case was brought by an injured plaintiff and his spouse arising out of an accident in which the plaintiff was struck by the defendant’s train at a private grade crossing. At trial, the plaintiffs advanced numerous theories of liability concerning the physical characteristics of the crossing and the defendant’s policies regarding the sounding of the train’s horn on approach to private crossings. Plaintiffs claimed the injured party suffered a traumatic brain injury, spinal injuries, and multiple orthopedic injuries as a result of the accident. The trial court granted the defendant’s motion for directed verdict at the close of the plaintiffs’ case-in-chief …

Thorpe Shwer attorneys Brad Shwer and Kristin Paiva successfully defended one of the nation’s largest and fastest-growing franchisors with over 1,000 franchisee-owned locations in a matter in Nevada state court. Among other things, the complaint alleged claims for breach of contract, tortious and contractual breach of the implied covenant of good faith and fair dealing, negligent hiring/training/supervision/retention, infliction of emotional distress, vicarious liability, negligent business operations, and punitive damages. Following briefing and oral arguments, and within two months of the filing of the complaint, the court granted the motion to dismiss, thereby dismissing all claims against the client.

Thorpe Shwer attorneys Brad Shwer and Andrea Marconi successfully defended one of the nation’s largest and fastest-growing franchisors with over 1,000 franchisee-owned locations in an employment-related matter in California state court. The complaint alleged, inter alia, retaliation under the California Fair Employment and Housing Act, wage and hour violations under the California Labor Code, and tort claims. Plaintiff dismissed all claims against our client without prejudice, less than two months after our firm’s initial appearance and while Thorpe Shwer’s motion for summary judgment was still pending.