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.
Mar 10, 2020
MIAMI—Radio Televisión Martí reported on Rivero Mestre’s representation of José Ramon López Regueiro, the rightful owner of Cuba’s main airport—José Martí International Airport—against American Airlines and LATAM Airlines Group in a lawsuit filed under the Helms-Burton Act. “The trial of the case is scheduled for later this year. The processes are progressing quite fast and […]
Mar 6, 2020
MIAMI—Radio Televisión Martí featured Rivero Mestre’s representation of the Mata family, the rightful owners of the Hotel San Carlos in Cienfuegos, Cuba, in a documentary discussing the Helms-Burton Act. The documentary aired on Mega TV, was broadcast by Radio Televisión Martí, and will be aired on PBS in April. The segment featuring Rivero Mestre begins […]
Mar 2, 2020
MIAMI—Jorge A. Mestre co-edited the recently published book, Discovery Across the Globe: Obtaining Evidence Abroad to Support U.S. Proceedings. The book discusses the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters of 1970. […]
Feb 11, 2020
MIAMI—Jorge A. Mestre will speak at the Mass Torts Made Perfect Seminar in Las Vegas on Thursday, April 23. Mestre will be speaking about third-party payer class actions on a panel entitled “The Latest on Zantac.” Mass Torts Made Perfect is a bi-annual conference held in the spring and fall of each year in Las […]
Feb 1, 2020
MIAMI—Jorge A. Mestre spoke on the American Association for Justice webinar titled, “Status of Zantac Litigation,” on January 31, 2020. The webinar featured a panel that discussed product background information and the liability story. Mestre spoke specifically about the role of third-party payer claims in the Zantac litigation. Mestre’s practice focuses exclusively on commercial litigation and […]
Jan 28, 2020
MIAMI—Rivero Mestre LLP successfully defended Jose Margulies in the Eastern District of New York. After five years of careful legal work, Margulies walked away with probation in the face of a possible 10-year prison sentence. “He was immune from extradition in Brazil and didn’t have to face justice in the United States,” Rivero said. “I […]
Jan 27, 2020
MIAMI—Jorge A. Mestre authored five chapters in THE FLA. BAR, FLORIDA CIVIL PRACTICE BEFORE TRIAL MANUAL (13th ed. 2019). The manual guides the practitioner through the multiple steps necessary to procedurally ready a case for trial. Mestre authored: Chapter 4: Settlement; Chapter 6: Jurisdiction; Chapter 21: Injunctions; Chapter 26: Third-Party Practice; and Chapter 28: Comparative […]
Jan 17, 2020
MIAMI—On January 16, 2020, Rivero Mestre LLP filed a lawsuit against Gilead Sciences Inc. for conspiring with other drug makers to block the use of generics in HIV treatment regimens as part of an elaborate scheme that relied on anti-competitive agreements with Bristol-Myers Squibb Co., Janssen Pharmaceuticals, and Japan Tobacco. At issue are pricey “cocktail” […]
Jan 14, 2020
MIAMI—Rivero Mestre LLP proudly announces that Bryan L. Paschal has been named a partner at the firm. Paschal started at Rivero Mestre in 2011, shortly after graduating from law school. A litigator who focuses on securities and financial services disputes, Paschal has helped to deliver exceptional results in high-profile matters, is an advocate for diversity […]
Jan 13, 2020
MIAMI—On January 10, 2020, the U.S. District Court Judge Beth Bloom granted Rivero Mestre’s Objection to Magistrate Judge Bruce E. Reinhart’s Order “Deeming” Certain Facts Established and “Striking” Certain Affirmative Defenses. In Law360’s article, “Judge Lifts Hefty Sanctions Against Bitcoin Founder,” Andres Rivero synthesized the Jan. 10 order as follows: “The critical thing about this […]
Jan 8, 2020
MIAMI—Jorge A. Mestre spoke at HarrisMartin’s Zantac Litigation Conference in Miami Beach on Wednesday, January 8th. Mestre’s panel, entitled Class Actions for Consumers and TPPs, discussed issues related to third-part payer claims for Zantac. HarrisMartin is “a leading provider of litigation news and continuing education conferences for legal and insurance professionals.” Mestre’s practice focuses exclusively on […]
Dec 16, 2019
MIAMI—Paula Aguila presented at the ABA Section of International Law webinar titled, “Serving the Foreign Client: How Local Attorneys Can (and Should) Become Global Lawyers,” on December 12, 2019. The webinar featured a panel that discussed cross-border and global business issues. Aguila focuses primarily on complex commercial litigation, including banking, securities, real estate, international, and […]