Paul Schwiep is chair of the firm’s Environmental and Class Action Litigation Group. He maintains a wide-ranging practice, with an emphasis defending class actions, professionals in various fields, contract and commercial disputes and business torts. His clients include fortune 500 companies, private enterprises, and environmental organizations. Paul digs into case law at a granular level, writes and presents exceptionally well, and is unyielding yet compelling in his approach. Paul serves on the firm’s Executive Committee. “He is an excellent business trial lawyer and invaluable advisor. He is first chair lawyer of choice for our worldwide business.” Albert Scaglione, Chairman and CEO, Park West Gallery
Representative Experiences
Though all cases vary and none is predictive, Paul’s recent experience includes:
- Obtained dismissal of major abuse of process, malicious prosecution action against national law firm
- Successful defense of multi-district class action pending federal court
- Successful representation of professionals in malpractice dispute
- 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)
- Has first chaired numerous federal and state court jury and non-jury trials
Professional and Community Involvement
- Member and former chair of Florida Board of Bar Examiners
- Member and former chair of Miami-Dade County Citizens’ Independent Transportation Trust
- Member, Florida Bar Committee on law student Education and Admission to the Bar
- Member, Charter Commission for Village of Palmetto Bay
- Member, Board of Directors, Friends of Biscayne Bay
- Moderated a panel on “Cannabis Law Variations: Impact on Attorney Character and Fitness” at the National Conference of Bar Examiners Annual Bar Admissions Conference in Seattle.
Articles and Publications
- Paul J. Schwiep, Fraudulent Inducement Claims Should Always Be Immune from Economic Loss Rule Attack, Fla. B.J., APRIL 2001, at 22
- Paul J. Schwiep, The Economic Loss Rule Outbreak: The Monster That Ate Commercial Torts, Fla. B.J., NOVEMBER 1995, cited in Gennady A. Gorel, The Economic Loss Doctrine: Arguing for the Intermediate Rule and Taming the Tort-Eating Monster, 37 Rutgers L.J. 517, 550 (2006)
- Paul J. Schwiep, Discovery of A Nontestifying Environmental Consultant’s Documents, Fla. B.J., DECEMBER 1993
Awards and Recognition
- Super Lawyers
- Conservationist of the Year, 2007 Everglades Coalition
- Miami Waterkeepers 2021 Porter Prize Recipient recognizing service to environment of South Florida
- Citizen Conservation Award 2004, Tropical Audubon Society
- Marjory Stoneman Douglas, Defender of the Everglades Award 2019, Friends of the Everglades
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Education
- University of Oregon Law School, Valedictorian, 1987
- Managing Editor, Oregon Law Review
- Order of the Coif
- Paul Patterson Fellow
- Abilene Christian University, B.S., magna cum laude, 1983
Admitted to Practice
- Tennessee
- Florida
Clerkships
Law Clerk, Honorable H. Theodore Milburn, United States Sixth Circuit Court of Appeals.
Practice Focus
- Commercial/Contract Trial Work
- Class Action and Multi-District Litigation and Trial Practice
- Business Torts
- Shareholder, Partner and LLC Member Disputes
- Professional Malpractice
- Insurance Litigation
- Commercial Litigation and Trial Practice
- Environmental Litigation and Trial Practice
- Real Estate Litigation and Trial Practice
- Art Law