PAUL A. CAPUA

Founder Paul A. Capua is an AV-Preeminent® rated civil trial lawyer. His 30 years of practice and trials have focused on US and international construction law and business law disputes in state and federal courts as well as international and domestic arbitrations.
 
A former shareholder of the international litigation firm Astigarraga Davis Mullins & Grossman, P.A., Capua has enjoyed a career prosecuting, defending, and trying significant claims involving international and domestic engineering, construction, and business disputes including construction disputes involving offshore floating production, storage, and offloading units (FPSOs); oil refinery turnarounds (TARs); maritime refit and mega yacht conversions; and US commercial & residential construction projects.
 
Capua’s trial experience also includes complex business and employment representation such as trademark, licensing, financial fraud, class action, non-compete, and employment litigation. With his background representing contractors and corporate parties, and his trial experience in state and federal jury trials and domestic and international arbitration, Capua is an active and accomplished trial lawyer.
 
The South Florida Daily Business Review recognized Capua as a candidate for “Most Effective Lawyer” in recognition of obtaining a $52.6 million award in an international business and licensing dispute against one of the world’s leading sporting goods manufacturers.
 
Capua’s notable decisions and representative experience include: Shook v. NCG Acquisition, LLC, 2024 U.S. App. LEXIS 20489, *1 (4th DCA 2024) (holding that District court erred in dismissing wrongful termination claim brought by licensed substance use disorder professionals (counselors) because the counselors plausibly alleged a cause of action for wrongful termination in violation of the express public policy of the State of North Carolina); Bell v. Brockett, 922 F.3d 502, 504 (4th DCA 2019) affirmed Brockett v. Orso, 2019 U.S. LEXIS 6607, *1 (U.S. 2019) (representation of subclass of investors in partially successful challenge to class certification in the largest defense class action in US history; held, district court erred in certifying defendant class without simultaneously appointing counsel for the class and in failing to properly analyze the adequacy of class counsel, contrary to the requirements of Rule 23; however, the error was harmless); NuVasive, Inc. v. Jones, 2018 U.S. Dist. LEXIS 218233, *1 (M.D.N.C. 2018) (representation of spinal implant products distributor in multi-party non-compete litigation); Morrell v. Hardin Creek, Inc., 371 N.C. 672, 673 (2018) (representation of food manufacturing company in catastrophic business loss arising out of flood in manufacturing facility; reversing summary judgment in favor of food manufacturer): Aerial Adventure Techs., LLC v. C3 Mfg., LLC, 2023 U.S. Dist. LEXIS 80453, *1 (W.D.N.C. 2023) (representation of international distributor of competitive climbing equipment in dispute arising from breach of joint venture agreement); Schneider v. CCC-Boone, LLC, 2014 U.S. Dist. LEXIS 163663, *1 (class action arising out of claims involving student apartment complex); ECR Software Corp. v. Zaldivar, 2013 WL 1742676 (W.D.N.C. 2013) (multi-state employment dispute); Bensman v. Citicorp Trust, N.A., 354 F. Supp. 2d 1330, 1331 (S.D. Fla. 2008) (representation of bank in securities litigation alleging numerous claims for violation of securities laws); Jones Boat Yard, Inc. v. M/V CAPELLA C, 2006 WL 3664405 (S.D. Fla. Nov. 17, 2006) (defense of construction and engineering claims involving the conversion of a 200 ft. refurbished Dutch Pilot Ship into a mega yacht); Baytree Assocs. v. Dantzler, Inc., 2007 U.S. Dist. LEXIS 63156, *1 (M.D.N.C. 2007) (representation of defendant manufacturer in software litigation); Cruz-Lovo v. Ryder System, Inc., 298 F. Supp. 2d 1248 (S.D. Fla. 2003) (employment dispute); Taylor v. Camillus House, Inc., 149 F. Supp. 2d 1377 (S.D. Fla. 2001) (race discrimination dispute); Hornfeld v. City of North Miami Beach, 107 F. Supp. 2d 1359 (S.D. Fla. 2000)  (age discrimination claims); Padron v. BellSouth Telecommunications, Inc., 196 F. Supp. 2d 1250 (S.D. Fla. 2002) (whistleblower claims) · Martinolich v. Golden Leaf Mgmt., Inc., 786 So. 2d 613 (Fla. 3d DCA 2001) rev. den Golden Leaf Mgmt., Inc. v. Martinolich, 814 So. 2d 439 (Fla. 2002) (workers’ compensation retaliation).

Capua’s international construction experience includes the litigation of claims on behalf of a joint venture with one of the world’s largest construction companies, in excess of $400 Million arising out of the conversion of multiple Very Large Crude Carriers (VCCLs) into floating production, storage, and offloading units (FPSOs), as well the defense of a Fortune 50 company in a case stemming from the installation of turbo-machinery during a turnaround (TAR) at an off-shore oil refinery.  
 
In addition to his practice, Capua is active in bar associations and legal education. He is or has been the vice-chair of the continuing legal education committee of the North Carolina Bar Association, President of the Watauga County Bar Association, an active member of the North Carolina Bar Association’s Section of Construction Law, the American Bar Association’s Forum on Construction Law, the International Bar Association’s International Construction Projects Committee, and co-chair of the Tortious Interference Subcommittee of the Litigation Section of the American Bar Association.  

As a former Adjunct Professor at the University of Miami School of Law and Appalachian State University, Capua enjoys teaching and regularly lectures on construction and business law topics.
 
Capua graduated cum laude and Order of the Lytae (Coif) from South Texas College of Law, where he served on the Moot Court Board and became a finalist in the Bar of the City of New York National Moot Court and Vanderbilt First Amendment Moot Court Competitions. He is admitted to practice in the state courts of Florida and North Carolina, as well as before the U.S. District Court for the Western and Middle Districts of North Carolina and the Southern and Middle Districts of Florida.