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.
Jun 14, 2021
MIAMI— Jorge A. Mestre will speak on a panel entitled “The Great Tension: Electronic Discovery in International Arbitration Is It Here to Stay?” at a New York International Arbitration Center Event on Thursday, June 24, at 6:30 p.m. EST. The program compares the impact of electronically stored information on arbitration across civil and common law jurisdictions. The […]
May 21, 2021
MIAMI — Rivero Mestre announces that the firm has been recognized by Chambers & Partners in the 2021 edition of Chambers USA as a top-ranked firm in the category Litigation: General Commercial: The Elite in Florida. Chambers also recognized partners Andrés Rivero, Jorge A. Mestre, and Amanda McGovern for General Commercial Litigation. Amanda McGovern is recognized […]
Apr 28, 2021
MIAMI—Rivero Mestre LLP is proud to announce that Neha Dagley has been shortlisted by Chambers Diversity & Inclusion Awards: North America 2021 for Future Leader of the Year. The Chambers Diversity & Inclusion Awards celebrate the outstanding achievements of firms and individuals who are furthering the advancement of diversity and inclusion across the USA and Canada. […]
Apr 21, 2021
MIAMI—Rivero Mestre LLP is pleased to announce that Andrés Rivero and Jorge A. Mestre have been recognized in the 2021 edition of the South Florida Legal Guide as “Top Lawyers.” Additionally, the firm has been listed as a “Top Law Firm” in the guide. South Florida Legal Guide is published annually, and is a widely […]
Apr 20, 2021
Jorge A. Mestre spoke at the National Latina/o Law Student Association’s 24th Annual Conference on Friday, March 5. Mestre spoke on a panel entitled “Starting from Scratch: Success in Going Solo,” giving Latinx law students practical advice on how they can start their own practice. The NLLSA is a nonprofit organization that serves as a […]
Apr 20, 2021
MIAMI— Jorge A. Mestre will speak on a panel entitled “Diversifying Experts: Identifying Implicit Bias in the Selection of Expert Witnesses and Strategies for Retaining Diverse Experts” at the American Bar Association’s 2021 Virtual Litigation Section Annual Conference on Wednesday, May 5. The ABA Litigation Section Annual Conference is the premier event for litigators. The event will […]
Apr 13, 2021
MIAMI— Neha Dagley will speak on a panel entitled “Keeping a Seat for Gender Diversity at the International Law Table” at the American Bar Association’s 2021 International Law Section Annual Meeting on Wednesday, April 14. The ABA International Law Section is the leader in the development of policy in the international arena, the promotion of the rule […]
Apr 13, 2021
MIAMI— Zaharah R. Markoe has been recognized as Commercial Litigation Adviser of the Year by Corporate LiveWire Innovation & Excellence Awards 2021. The Corporate LiveWire Innovation and Excellence awards celebrate the recent successes and continued achievements of businesses and individuals across a wide range of sectors and industries while also addressing some of the most […]
Apr 1, 2021
MIAMI— Rivero Mestre has proudly joined a growing number of organizations in signing the National Asian Pacific American Bar Association Stand Against Hate pledge denouncing Anti-Asian violence and discrimination. Since the start of the pandemic, NAPABA and its affiliates have worked to elevate the importance and need to address hate violence and incidents against Asian […]
Mar 31, 2021
MIAMI— Rivero Mestre is pleased to announce that the firm has been named Florida Firm of the Year by Benchmark Litigation. The award recognizes the country’s most distinguished litigators and their firms for work done in the most important disputes across the United States. “We are incredibly honored to be recognized for our work,” said […]
Mar 31, 2021
MIAMI— Neha Dagley will speak on a panel entitled “Routes and Realities of Enforcing Arbitral Awards in India: An In-Depth Talk on Vodafone, Devas, and Cairn,” an event hosted on April 8 by the India Subcommittee of The Florida Bar International Law Section’s Asia Committee. The ILS is a forum for the exchange of hot-button, need-to-know information […]
Mar 18, 2021
MIAMI— Rivero Mestre is proud to announce the addition of two new attorneys, Amanda L. Fernandez and Allison Henry. “We are thrilled to have these two exceptional attorneys join our team,” said Jorge A. Mestre. “Their experience and commitment will further strengthen the firm.” Amanda L. Fernandez is an experienced commercial litigator that focuses her […]