MIAMI—The Commercial and Business Litigation section of the American Bar Association published an article written by Jorge A. Mestre titled Remembrance of Rules Past: Rule 44.1 at Motion to Dismiss Stage.

Mestre analyzes the first impression case of De Fontbrune v. Wofsy, 2016 WL 6953867 (9th Cir. Sept. 26, 2016). In that case, the Court determined that Rule 44.1 authorizes district courts to consider foreign legal materials outside the pleadings in ruling on a motion to dismiss because Rule 44.1 treats foreign law determinations as questions of law, not fact. Mestre discusses the practical implications that this decision has for cross-border disputes brought in the United States. Click here to read the publication.

Mestre’s practice is focused exclusively on commercial litigation, including international arbitration and litigation. He has litigated domestic and international arbitration matters in both English and Spanish.

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Rivero Mestre, from its offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment. For more information, visit