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.
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, […]
Aug 18, 2023
MIAMI— Jorge A. Mestre recently received an appointment by the ABA President to serve on the American Bar Association’s Commission on Hispanic Legal Rights and Responsibilities. The Commission focuses on developing and supporting initiatives and research to educate lawyers on how best to serve, promote civic responsibility within, and address the key legal challenges facing […]
Aug 17, 2023
MIAMI — Rivero Mestre is pleased to announce that 15 of our lawyers are featured in the 2024 edition of The Best Lawyers in America. Congratulations to Andrés Rivero, Jorge A. Mestre, Alan H. Rolnick, Robert J. Kuntz, Jr., Ana C. Malavé, Erimar von der Osten, Julio Eduardo Paez, and Maria Sosa Marquez for being […]
Aug 7, 2023
MIAMI — Jorge A. Mestre, who serves as president of the Hispanic National Bar Foundation, gave closing remarks at the HNBF’s 2023 Annual Awards Dinner at the Ritz-Carlton in Washington, D.C. on Thursday, July 13. Every year, the HNBF honors distinguished leaders who advance the HNBF’s mission to help Hispanic students achieve their potential through […]
Aug 1, 2023
MIAMI — Rivero Mestre is pleased to announce that Andrés Rivero and Jorge A. Mestre have been featured in the 2023 Lawdragon 500 Leading Global Litigators Guide. The list features top attorneys who practice in the area of global litigation and arbitration. Those honored in the second edition of Lawdragon 500 Leading Global Litigators were […]
Jul 6, 2023
MIAMI — Andrés Rivero and Jorge A. Mestre have been recognized in Florida Trend Legal Elite’s inaugural edition of NOTABLE, which features Florida’s top managing partners. They were recognized for leading the firm, which is celebrating its 25th anniversary and continues to achieve remarkable results in some of the highest-profile cases in the U.S. and […]
Jul 3, 2023
MIAMI — Rivero Mestre is pleased to announce six of its lawyers have been recognized in the 2023 edition of Super Lawyers. Andrés Rivero, Jorge A. Mestre, and Robert J. Kuntz Jr. have been named Top-Rated Business Litigation Attorneys in the annual survey. Andrés was also included in the Top 100: 2023 Miami Super Lawyers Top […]
Jun 20, 2023
Three Partners Receive Top Rankings MIAMI — Rivero Mestre announced today that the firm has been recognized by Chambers & Partners in the 2023 edition of Chambers USA as a Band-1 firm in the category Litigation: General Commercial: The Elite in Florida. Chambers also recognized partners Andrés Rivero, Jorge A. Mestre, and the late Amanda […]
Jun 9, 2023
Andrés Rivero and Jorge A. Mestre were featured in the Daily Business Review as 2023 Florida Legal Awards Distinguished Leaders. They were recognized for their leadership of Rivero Mestre, which is celebrating its 25th anniversary and continues to achieve remarkable results in some of the highest-profile cases in the U.S. and the world. Notably, in […]
May 17, 2023
MIAMI — Andrés Rivero spoke on a panel titled “Litigation in Crypto Matters” at the 2023 Legalink General Meeting – Fintech Forum (Frankfurt Germany) on Wednesday, May 17, 2023, at 4:45 p.m. GMT +2. Legalink is a non-exclusive, international legal Network of 68 independent business-oriented law firms with members from the majority of the world’s main commercial […]