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.
Feb 16, 2024
MIAMI — Rivero Mestre Managing Partner Amanda Fernandez was recently featured in Shoutout Miami. In her interview, Amanda shared insights into her professional development journey, how she became a managing partner, and her invaluable support system. Shoutout Miami aims to highlight local businesses by having meaningful conversations with business owners and creatives. They believe meaningful […]
Feb 12, 2024
MIAMI — Rivero Mestre was recognized by the Daily Business Review’s 2024 Florida Legal Awards as a finalist in the Cross-Border Disputes category. This category honors firms that have used creative problem-solving and bold strategies to deliver for their clients in high-stakes cases. The firm consistently comes up with creative legal strategies when defending their […]
Feb 9, 2024
MIAMI — Jorge A. Mestre and Amanda L. Fernandez compiled and edited the two most recent newsletters for the ABA’s Latin American and Caribbean Law Committee Newsletters, “Legal Developments in Latin America.” The quarterly newsletter is distributed to members of the ABA and provides updates on the latest legal developments in Latin America. Jorge A. […]
Feb 8, 2024
The firm makes this announcement as it celebrates its 25th Anniversary MIAMI — Rivero Mestre LLP is pleased to announce that Amanda L. Fernandez has been named managing partner, marking a new chapter for the firm as it celebrates its 25th Anniversary. “Amanda has been a substantial asset to our clients, culture, and growth since […]
Nov 28, 2023
MIAMI— Amanda L. Fernandez has been elected president-elect of the Cuban American Bar Association, effective January 1, 2024. In January 2025, Amanda will automatically ascend to serve as president of the organization following in the footsteps of the 50 trailblazing presidents before her. “It is an honor and a privilege to represent CABA,” Amanda said. […]
Nov 16, 2023
MIAMI— Andrés Rivero spoke on a panel titled “AI Future-Ready Law Firms” at the 2023 Legalink General Meeting in Tokyo, Japan on November 11. The panelists discussed legal innovation and technological advancements with a particular focus on the evolving landscape of AI. Legalink is an international legal network of 68 independent business-oriented law firms with […]
Nov 2, 2023
MIAMI — Rivero Mestre is proud to announce that Best Lawyers® has ranked the firm in the 2024 edition of “Best Law Firms” in Tier 1 for Commercial Litigation, Criminal Defense: White-Collar, International Arbitration – Commercial, and Litigation – Securities in Metropolitan Miami. The firm was nationally ranked in three practice areas and regionally ranked […]
Oct 27, 2023
Rivero Mestre is extremely pleased that the Eleventh Circuit affirmed the jury verdict in favor of Dr. Craig Wright, also known as Satoshi Nakamoto, which found Dr. Wright was not business partners with David Kleiman and that Kleiman’s estate is entitled to none of the multibillion-dollar Satoshi fortune. Yesterday, a three-judge panel rejected claims that the […]
Oct 17, 2023
MIAMI — Rivero Mestre is pleased to announce that the firm has once again been ranked in the 2024 edition of Benchmark Litigation in Dispute Resolution as a “Highly Recommended Firm” in Florida—Benchmark’s highest rating. The publication also recognized partners Andrés Rivero and Jorge A. Mestre as “Litigation Stars,” Amanda L. Fernandez as a “Future […]
Sep 22, 2023
NEW YORK — Rivero Mestre is pleased to announce that partner Michael A. Fernandez has been named a “Rising Star” in the Civil Litigation: Defense category in the 2023 edition of the New York Super Lawyers. Super Lawyers honors attorneys who have obtained a high degree of peer recognition and professional achievement within their practice area. […]
Sep 20, 2023
MIAMI— Rivero Mestre is pleased to announce that Andrés Rivero, Jorge A. Mestre, and Alan H. Rolnick have been named in the 2024 Lawdragon 500 Leading Litigators in America Guide. The second edition of Lawdragon 500 Leading Litigators in America were selected based on journalistic research, submissions and vetting. Click here to read the full […]
Sep 20, 2023
NEW YORK — Partner Michael A. Fernandez and Justice Rolando T. Acosta, the former Presiding Justice of the New York State Supreme Court, Appellate Division, First Department, co-authored an article for the New York Law Journal titled “Certified Questions from the Appellate Division as a Tool for Bettering the Rule of Law.” In the article, […]