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 27, 2023
MIAMI— The Daily Business Review recognized Amanda L. Fernandez as a 2023 Florida Legal Awards On the Rise honoree. Amanda is an active leader in her community serving as the Vice President of the Cuban American Bar Foundation and as a member of the Executive Council of The Florida Bar Business Law Section. She is […]
Feb 23, 2023
MIAMI — Jorge A. Mestre spoke at the American Bar Association’s 2023 Corporate Counsel CLE Seminar panel “Navigating Turbulent Waters: Effective Strategies for Advising Corporate Clients in Politically Sensitive Times,” at The Ritz-Carlton in Orlando, Grand Lakes on Saturday, February 18, at 9 a.m. EST. The ABA’s 2023 Corporate Counsel CLE Seminar offered a number of CLEs by […]
Feb 1, 2023
MIAMI— Jorge A. Mestre will speak on a litigation panel at St. Thomas University School of Law’s Cryptocurrency Symposium (16401 NW 37th Ave, Miami Gardens) on Saturday, March 4, 2023 hosted by the law school’s Journal of Complex Litigation. Mestre will provide insights from his experience successfully representing high profile clients in the digital currency […]
Jan 31, 2023
MIAMI — Rivero Mestre is pleased to announce that the firm has once again been shortlisted for the 2023 Benchmark Litigation U.S. Awards—Florida Firm of the Year. Benchmark honors leading litigators who handle the most important disputes around the country based upon research over the past twelve months. The winner will be announced on March 15 […]
Jan 9, 2023
MIAMI — Rivero Mestre is pleased to announce that Ana C. Malavé and Amanda L. Fernandez have been named partners. “Ana and Amanda are fierce advocates who have been promoted based on their excellent work and significant contributions to the community,” Jorge A. Mestre said. “We are excited to see their continued success.” Ana’s practice focuses […]
Nov 29, 2022
MIAMI — Rivero Mestre is pleased to announce the firm has been recommended as one of the top international law firms in Latin America in the 2023 Legal 500 Latin America guide. Named a Top Tier Firm in the City Focus category for Miami, Rivero Mestre was recognized for its bilingual team and considerable experience […]
Nov 23, 2022
MIAMI — Nov. 23, 2022—Rivero Mestre won an appeal in a Helms-Burton lawsuit against defendants Trivago GMBH, Booking.com B.V., Expedia Inc., and other travel companies on Tuesday. The U.S. Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of a lawsuit about violations of the Helms-Burton Act by defendants–all businesses that have […]
Nov 15, 2022
NEW YORK — Michael A. Fernandez will speak on a panel at the SCCE’s Seattle Regional Compliance and Ethics Virtual Conference titled, “A Walk through on Breach and FCPA Issues during Investigations, and How to Use Litigation And/or Respond to Litigation Risks” on Friday, November 18, 2022, at 2:15 p.m. PST. SCCE’s Regional Compliance & […]
Nov 9, 2022
NEW YORK — The Hispanic National Bar Association (HNBA) has appointed Michael A. Fernandez as Chair of the newly established Special Committee on Foreign Attorneys. The goal of the Special Committee will be to provide a space within the HNBA for foreign-trained JDs and LLMs to share experiences, resources, goals, and career advancement strategies. The Special Committee […]
Nov 3, 2022
MIAMI — Rivero Mestre is proud to announce that U.S. News & World Report—Best Lawyers® 2023 has ranked the firm in Tier 1 of the “Best Law Firms” 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 […]
Nov 1, 2022
MIAMI—Rivero Mestre is pleased to announce that Jorge A. Mestre has been recognized as a 2022 “Top Latino Lawyer” by Latino Leaders Magazine. Latino Leaders Magazine is a national publication that promotes and publishes stories of success demonstrating the influence Latinos have in the United States across a broad range of professions and endeavors. Jorge […]
Oct 10, 2022
MIAMI — Rivero Mestre is pleased to announce that Andrés Rivero, Jorge A. Mestre, Amanda McGovern, and Alan H. Rolnick have been selected for inclusion in Lawdragon’s inaugural 500 Leading Litigators in America. Lawdragon chose the “most elite courtroom advocates in the nation” focusing on “attorneys whose sustained excellence in trials is nothing short of […]
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