Rivero Mestre’s lawyers are known as game changers. While appellate law traditionally focuses on what happened in the lower court, we believe that a holistic strategy is critical in our appellate litigation practice, especially when challenging or defending a decision. Our creativity in looking over the horizon gives us an advantage over opponents. But we know that coming up with an innovative approach is only part of the recipe for success—relentlessly executing our ideas through excellent briefs and exceptional oral arguments is what makes us successful.
In addition to arguing appeals, our team provides trial support for other lawyers. Working quickly, we provide high-quality pleadings, pre-trial motions, favorable jury instructions, preparation of witnesses, and assistance with any other pre-trial matters that may arise. Further, we can be there through trial, either at the table or back at the office, on call. It’s up to you.
Our appellate practice lawyers and trial support group have experience in appeals in federal and state court. Below are a few recent examples.
W Holding Co., Inc. v. AIG Ins. Co., 748 F.3d 377 (1st Cir. 2014)
We obtained the first favorable “Insured v. Insured” coverage ruling in relation to the FDIC’s claims in the latest banking crisis. The First Circuit Court of Appeals affirmed the District Court of Puerto Rico’s order that required Chartis to advance defense costs to defendant directors and officers. The First Circuit Court agreed that our clients, the former directors and officers of Westernbank, were covered under the policy because Puerto Rico law requires an insurance company to advance defense costs if the claims against the insured create a “remote possibility” of coverage.
Cedeno v. Castillo, 457 Fed. App’x 35 (2d Cir. 2012)
The Second Circuit Court of Appeals affirmed an order from the Southern District of New York dismissing RICO allegations against our clients for failure to state a claim. The District Court held that the complaint alleged only an extraterritorial application of RICO beyond the reach of the statute. Because this ruling potentially limited the extraterritorial reach of criminal and civil RICO claims brought by the government, the U.S. Department of Justice intervened against our position on appeal. Nonetheless, the Second Circuit agreed with us and affirmed the District Court’s dismissal with prejudice.
Chevron Corp. v. Berlinger, 629 F.3d 297 (2d Cir. 2011)
The Second Circuit Court of Appeals affirmed an order from the Southern District of New York compelling the production of 600 hours of outtakes from a film entitled Crude, about a massive environmental litigation in Ecuador.This was, by far, the largest volume of video outtakes ever ordered produced in the history of the United States. These outtakes were used by the joint-defense team representing attorneys for a subsidiary of Chevron Corporation, in one of the world’s largest and most complex litigations.
Armas v. Banco Nacional De Crédito, C.A., 129 So. 3d 404 (Fla. 3d DCA 2013)
In a business dispute originating in Venezuela, between a Venezuelan bank and a Venezuelan citizen concerning issues of Venezuelan law, Florida’s Third District Court of Appeal reversed and remanded for the trial court to conduct a forum non conveniens analysis. During the pendency of the appeal, the trial court had entered summary judgment against our client, and the Third District Court also reversed that final judgment because it interfered with the power of the appellate court.
River Bridge Corp. v. American Somax Ventures, 76 So. 3d 986 (Fla. 4th DCA 2011)
When we began our representation of ExxonMobil affiliates River Bridge Corporation and River Bridge Realty Corporation, the plaintiff had already obtained a final judgment for more than $1.2 million and a judgment for more than $3.5 million in prevailing-party attorneys’ fees. Although the appellate court reversed one count of the final judgment, the trial court declined to reconsider the fee award. We appealed the fee award and Florida’s Fourth District Court of Appeal reversed and remanded for a new evidentiary hearing to determine whether the reversed count was a distinct claim for purposes of the fees sought, and to reconsider the amount of the fee award in light of the lodestar factors for fee calculation.
Henriques v. Crespo, 63 So. 3d 31 (Fla. 3d DCA 2011)
The absolute litigation privilege protects attorneys from defamation and slander claims that arise during the course of a judicial proceeding, so long as the challenged statements or conduct are related to the proceeding. Here, we defended the trial court’s entry of judgment on the pleadings finding that an absolute litigation privilege defense existed. Our client, an attorney, discovered that his pro bono clients, an elderly couple, may have been defrauded. He brought third-party claims in a foreclosure action against a title company on behalf of the elderly couple. The title company sued the attorney for libel. Florida’s Third District Court of Appeal affirmed the trial court’s order applying the litigation privilege defense.
Temple v. Neff Rental, LLC, 3D14-2456 (Fla. 3d DCA Feb. 11, 2015)
In a per curiam affirmance, Florida’s Third District Court of Appeal upheld the trial court’s exercise of personal jurisdiction over a nonresident former employee who misappropriated his former Florida employer’s confidential information. During his employment, he signed employment contracts containing a Florida forum-selection clause. That fact, in conjunction with his extensive employment-related contacts with Florida, gave the trial and appellate courts sufficient basis to assert general long‒arm jurisdiction over the nonresident former employee, and to conclude that due process was satisfied.
Goodson v. HSBC Bank USA, NA, 2D13-3060 (Fla. 2d DCA Sept. 19, 2014)
Florida’s Second District Court of Appeal affirmed a final summary judgment in favor of the lending bank. The borrowers raised 85 affirmative defenses, moved at the last minute to continue the summary judgment hearing, and claimed that the trial court had denied them due process. We were not trial counsel, but were brought in to defend the final judgment. We demonstrated that there were no facts in dispute and that the Bank either had effectively refuted the affirmative defenses or established that the defenses were legally insufficient.
Apr 1, 2019
MIAMI- Andrés Rivero and Jorge A. Mestre will speak at HarrisMartin’s Valsartan & Losartan Recall Litigation Conference in Philadelphia on Tuesday, April 16. They will be speaking on a panel entitled “Third-Party Payor Cases.” HarrisMartin is “a leading provider of litigation news and continuing education conferences for legal and insurance professionals.” Rivero’s practice focuses exclusively […]
Feb 26, 2019
MIAMI—Amanda McGovern will speak during the 2019 Bench & Bar Conference in Miami, Florida, on March 1. McGovern will speak on a panel entitled “Bad Faith Fees in Insurance Litigation.” The Bench & Bar Conference, hosted by the American Inns of Court (Spellman-Hoeveler Chapter), will provide over 75 CLE courses—ranging from litigation and corporate to […]
Feb 11, 2019
MIAMI—Andrés Rivero will speak on two panels during the 2019 NAMWOLF Driving Diversity & Leadership Conference in New Orleans, Louisiana, on February 18. The International Law PAC panel entitled “CSI (New Orleans Style): The Corporate Scene Investigation of an International Scandal and the Pitfalls to Avoid Creating Another One,” will discuss several “aspects of international […]
Feb 6, 2019
MIAMI—Andrés Rivero and Jorge A. Mestre made an international investigations presentation to litigation practitioners in Guatemala City on January 23, 2019. The presentation dealt specifically with the effective management of cross-border investigations and the cross-border exchange of information within complex international litigation. Rivero’s practice focuses exclusively on complex commercial litigation, including international arbitration and litigation. […]
Jan 28, 2019
MIAMI—Jorge A. Mestre spoke on January 28, 2019, at the University of Miami Business School‘s course entitled Fraud and Forensic Accounting: Ethics and Legal Environment. The course focuses on conducting fraud examinations and includes discussion of procedures used in forensic accounting examinations and reasons behind using these procedures. Coursework also addresses how allegations of fraud […]
Jan 8, 2019
MIAMI—Rivero Mestre proudly announces that Jorge A. Mestre was named to the 2018 Top Latino Lawyer list by Latino Leaders Magazine. “I am honored to be included on this list with other lawyers whose diverse practices represent the important contributions the Hispanic community has on the legal profession,” said Mestre about the recognition. Latino Leaders […]
Dec 19, 2018
Rivero Mestre announces that it has filed a putative class-action lawsuit against several manufacturers and distributors of contaminated Valsartan, a generic drug used to treat high blood pressure. The FDA has issued one of the largest Class I recalls in history as almost half of the Valsartan currently being sold in the United States contains […]
Dec 6, 2018
MIAMI—Rivero Mestre announces it has filed an Amici Curiae Brief with the United States Supreme Court in support of granting certiorari for Petitioner, the Republic of Argentina, in ARGENTINE REPUBLIC v. PETERSEN ENERGÍA INVERSORA S.A.U. AND PETERSEN ENERGÍA, S.A.U.; YPF S.A. v. PETERSEN ENERGÍA INVERSORA S.A.U. AND PETERSEN ENERGÍA, S.A.U. Andrés Rivero, M. Paula Aguila, […]
Nov 28, 2018
MIAMI—Jorge A. Mestre spoke on a panel entitled “Litigation Experiences in the Unregulated Crypto Space” at the 2018 Cryptocurrencies and Regulation Forum in Mexico City during the Legalink Members’ General Meeting. Organized by Ramos, Ripoll & Schuster, the panel discussed the issues that arise in cryptocurrency litigation where jurisprudence and legal guidelines are minimal or […]
Nov 5, 2018
MIAMI—Rivero Mestre LLP is proud to announce that U.S. News & World Report—Best Lawyers® has ranked the firm in Tier 1 of the “Best Law Firms” for Commercial Litigation and Criminal Defense: White Collar in Metropolitan Miami. “In a city with so many talented litigators, we are proud to be recognized by our peers as […]
Oct 23, 2018
MIAMI—The Daily Business Review reported on Rivero Mestre’s recent victory in the Florida Third District Court of Appeal, which overturned a trial court order denying a motion to dismiss based on a forum selection clause in the parties’ agreement. M. Paula Aguila successfully argued that the forum selection clause was clear as to where the […]
Oct 18, 2018
Rivero Mestre LLP is proud to announce that Jorge A. Mestre has been elected President of the Hispanic National Bar Foundation (HNBF). He will serve for a term ending July 1, 2020. “We are thrilled to have Jorge as our new HNBF President,” said Denise Moreno, the HNBF’s Executive Director. “His clear vision coupled with […]