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Attorney Bio

Ken Schwartz is admitted to practice law before all courts in the following jurisdictions:

  • State of Florida
  • State of Hawai'i
  • United States District Court: Southern District of Florida
  • United States District Court: District of Hawai'i, and
  • United States Court of Appeals: Eleventh Circuit.

Mr. Schwartz’s primary practice area is workers’ compensation cases. Unlike most other attorneys in this field, Mr. Schwartz has for 20+ years regularly represented both injured workers and insurance companies, giving him a deeper understanding of how each side approaches and handles a case. He is also fairly unique in that he also handles both the trials and appeals of his cases, and he will handle appellate matters for other attorneys, too.

Mr. Schwartz is Board Certified by the Florida Bar, which status permits him to identify himself as a “Specialist” and an “Expert” in the field of Florida workers’ compensation law. Board Certification recognizes attorneys’ special knowledge, skills, and proficiency in various areas of law and professionalism and ethics in practice.

Board Certified lawyers are evaluated for professionalism and tested for expertise.

Certification is The Florida Bar’s highest level of evaluation of the competency and experience of attorneys in the 24 areas of law approved for certification by the Supreme Court of Florida. Mr. Schwartz is also certified by the Florida Department of Financial Services as a Workers’ Compensation Instructor and has lectured many times regularly various aspects of workers’ compensation trial and appellate matters.

In addition to litigation and trials before Judges of Compensation Claims, Mr. Schwartz also handles appeals and original petitions directed to state and federal courts, including Florida’s First District Court of Appeal. In 2014, Mr. Schwartz was selected as one of Florida’s “Legal Elite” in appellate practice by Florida Trend magazine. The publication recognizes “the top attorneys in the state as chosen by their peers,” and their list of “elite” attorneys represents fewer than 2% of the active Florida Bar members who practice in Florida. His recent appellate opinions include:

  • Cristin v. Everglades Correctional Institute, 46 Fla. L. Weekly D67 (Fla. 1st DCA Dec. 31, 2020)

  • Stanley Steemer Int’l, Inc. v. Smith, 139 So.3d 507 (Fla. 1st DCA 2014)

  • Covell v. Cracker Barrel Old Country Store, Inc., 118 So.3d 991 (Fla. 1st DCA 2013)

  • Taylor v. TGI Friday’s, 108 So.3d 698 (Fla. 1st DCA 2013)

  • Gorham v. Zachry Industrial, Inc., 105 So.3d 629 (Fla. 4th DCA 2013)

  • Arlotta v. City of West Palm Beach, 82 So.3d 1221 (Fla. 1st DCA 2012)

  • Bergstein v. Palm Beach County School Board, 97 So.3d 878 (Fla. 1st DCA 2012)

  • LeBlanc v. City of West Palm Beach, 72 So.3d 181 (Fla. 1st DCA 2011)

  • JBD Brother’s v. Miranda, 25 So.3d 1271 (Fla. 1st DCA 2010)

  • New Hope Baptist Church v. Duran, 38 So.3d 170 (Fla. 1st DCA 2010)

  • Kumar v. Richmond, 34 So.3d 197 (Fla. 1st DCA 2010)

  • Engler v. American Friends of the Hebrew University, 18 So.3d 613 (Fla. 1st DCA 2009)

  • Scanlon v. TG Investments, LLC, 17 So.3d 910 (Fla. 1st DCA 2009)

  • Celeste v. Kerns, 32 So.3d 611 (Fla. 2009)

In addition to the above, Mr. Schwartz handles insurance coverage disputes and rule nisi enforcement actions in circuit court. He also handles employment law matters (including wage-and-hour disputes, non-compete litigation, and retaliation/discrimination claims), commercial litigation (including contract matters and business disputes), and civil appeals.

In April 2004, Mr. Schwartz opened Kenneth B. Schwartz, P.A., as a sole practitioner attorney. Before that, he was an associate attorney for two statewide law firms, where his practice areas were litigation and appeals of commercial matters and insurance claims. In 2014, Mr. Schwartz accepted a position as Managing Attorney at a high-volume workers' compensation claimant practice in West Palm Beach. He has since returned to sole practice.

Mr. Schwartz received his undergraduate degree from the University of Florida, where he was enrolled in the honors program and served as Vice President of the Board of College Councils. He received his law degree from the William S. Richardson School of Law at the University of Hawai'i and was awarded a Pacific-Asian Legal Studies Certificate. During law school, Mr. Schwartz externed for a federal magistrate judge, he was both a brief writer and an oralist as a member of the Sports Law Moot Court team, and he was Executive Editor of the Asian-Pacific Law & Policy Journal.

Prior to attending law school, Mr. Schwartz lived in Japan for several years, where his jobs included translating/interpreting, teaching, tending bar, and appearing regularly on regional television. Mr. Schwartz speaks Japanese, and he holds a black belt in Seigokan goju-ryu karate. He lives in Boca Raton with his wife and their two sons.

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Kenneth B. Schwartz, Esq., handles litigation, trials, and appeals of business and employment matters, including contract disputes, enforcement of noncompete and trade secret agreements, allegations of wrongful termination and discrimination, workers' compensation claims, unemployment compensation claims, Rule Nisi enforcement proceedings, resolution of stop-work orders and premium disputes, and construction defect litigation.

   News / Updates

March 4, 2021: Mr. Schwartz presented the "Quarterly Review of Recently Issued Appellate Opinions" on behalf of the Appellate Practice Section of the Palm Beach County Bar Association. Done through Zoom, this was his first entirely "virtual" speaking engagement. With only 1 hour to cover three months of opinions from the five DCAs and the Supreme Court, he managed to address such topics as the new "federal summary judgment" standard that will take effect in Florida May 1, 2021; fraud, in both workers' compensation and in civil litigation, apparent agency of a hospital in a medical malpractice case, and his recent appellate win in Cristin v. Everglades Correctional Institution, which dealt with the admissibility of expert witness testimony, pursuant to the Daubert standard.

 


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