Paul Schwiep
Paul J. Schwiep graduated first in his class from the University of Oregon School of Law, served a two-year clerkship for a United States Court of Appeals judge and became a partner Coffey Burlington more than ten years ago. His practice focuses on federal and state business and class action disputes. He has tried numerous business cases to favorable verdict, both plaintiff and defense, in state and federal courts. He maintains an active malpractice defense practice quietly representing some of Florida’s most well regarded professionals in malpractice, malicious prosecution and ethics cases. Paul also represents environmental organizations in South Florida on environmental matters of national significance.
Representative Experience
- Obtained dismissal of major abuse of process, malicious prosecution action against national law firm
- Successful defense of multi-district class action pending federal court in Washington state. Reported decision at In re Park West Galleries, Inc., 732 F. Supp. 2d 1181 (W.D. Wa. 2010)
- Successful representation of law firm in fee related dispute. Reported decision.
- Obtained and defended judgment setting aside environmental permits for rock mining in Everglades. Decision at Sierra Club v. Antwerp, 362 Fed. Appx. 635 (11th Cir. 2010)
- Obtained defense judgment in $10 million fraud action against property developer. Reported Decision at TRG v. Registry Dev. Corp., 17 So. 3d 782 (Fla. 2d DCA 2009)
- Obtained dismissal of class action against major pharmaceutical chain. Decision at Doe v. Walgreen, 995 So. 2d 502 (Fla. 3d DCA 2008)
- Obtained defense judgment in mass fraud action against real property developer. Reported decision at Zlotnick v. Premier Sales Group, Inc., 480 F.3d 1281 (11th Cir. 2007)
- Obtained defense judgment in multimillion dollar malpractice action against accounting firm. Reported decision at Hermanowski v. Morrison Brown, 901 So. 2d 390 (Fla. 3d DCA 2005)
Legal Public Service
- Law Clerk, Honorable H. Theodore Milburn, United States Sixth Circuit Court of Appeals.
- Board Member, Florida Bar Foundation 2005-2008
- Chair, Florida Board of Bar Examiners, 2005.
- Board Member, Florida Board of Bar Examiners 2000-2005
Professional and Community Involvement
- Vice Chair, Miami-Dade County Citizens Transportation Advisory Committee
- Member, Charter Commission for Village of Palmetto Bay
- Member, Board of Directors, Urban Environment League
Awards and Recognition
- Conservationist of the Year 2008, Everglades Coalition
- Barbara Sanders Award for Outstanding Legal Article of the Year (1996)
Articles, Presentations and Publications
- Paul J. Schwiep, The Economic Loss Rule Outbreak: The Monster that Ate Commercial Torts, Fla. B. J., Nov. 1995, cited by the Florida Supreme Court in Indemnity Ins. Co. v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004) and by the Supreme Courts in Kentucky (see Presnell Const. Mgrs. v. EH Constr., LLC¸134 S.W. 3d 575 (Ky. 2004)) and Wisconsin (see Grams v. Milk Prods, Inc., 699 N.W. 2d 167 (Wis. 2005))
- Invited by Florida’s trial court judges to speak at their annual judicial conference on complex rules of evidence.
- Regular lecturer at the Bar’s Commercial Litigation Seminar.
Personal
- Born in New York, New York (raised in Miami)
- Married; three children
- Fluent in Spanish
- Enjoys backpacking and canoeing
