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.
Aug 26, 2021
NEW YORK — Michael A. Fernández spoke on a panel entitled “The proposed TRIPS waiver and its Relevance to the Ugandan Law Profession” at the virtual 4th Annual Law Conference of the Uganda Law Society on August 26. The Uganda Law Society is the Bar Association for lawyers in Uganda that provides professional services, resources, support, and […]
Aug 19, 2021
MIAMI—Rivero Mestre LLP is pleased to announce that Andrés Rivero, Jorge A. Mestre, Amanda McGovern, and Alan H. Rolnick have been featured in the 2022 edition of The Best Lawyers in America©. Zalman Kass, Michael A. Fernández, and David DaPonte were included in Best Lawyers: Ones to Watch. Kass and DaPonte were recognized for the […]
Aug 11, 2021
MIAMI—Rivero Mestre is pleased to announce that Jorge A. Mestre has been appointed as Vice Chair of the Latin America and Caribbean Committee of the ABA International Law Section for the term running from August 2021 to August 2022. ABA International Law Section leaders are selected based on the leadership skills they have demonstrated and […]
Aug 11, 2021
MIAMI— Jorge A. Mestre will speak on a program entitled “Litigating and Settling Cases Across Borders and Cultures” at the ABA 2021 Virtual Business Law Section Annual Meeting on Thursday, September 23, at 2:45 p.m. EST. The Business Law Virtual Section Annual Meeting is where business law professionals with experience in international litigation from different jurisdictions come […]
Aug 5, 2021
NEW YORK—Rivero Mestre is pleased to announce that Michael A. Fernández has been selected as a Young Arbitrators Forum Representative of the International Chamber of Commerce for the 2021-2023 term. ICC YAF enables young professionals to acquire new skills, proficiency, and knowledge, as well as better understand ICC’s arbitral procedure, as well as its other […]
Aug 5, 2021
MIAMI—Rivero Mestre is pleased to announce that Amanda McGovern has been named in Benchmark Litigation’s list of “Top 250 Women in Litigation” for 2021. Benchmark’s process to identify the Top 250 Women in Litigation involves months of research into individual litigators’ professional activities, review of client feedback surveys, and one-on-one interviews, culminating in the selection […]
Jul 21, 2021
NEW YORK — Michael A. Fernández has been appointed Vice Chair of the Institute for Transnational Arbitration’s Young ITA North America leadership team. In that capacity, Fernández will serve as a Young ITA regional ambassador for North America, organize #YoungITATalks events, and contribute to Young ITA online publications, including the Kluwer Arbitration Blog, ITA in […]
Jul 19, 2021
Rivero Mestre LLP is pleased to welcome Michael A. Fernández as a Counsel in New York. Michael A. Fernández has deep experience in all facets of international disputes. Fluent in Spanish and Portuguese, Michael has experience representing foreign and domestic companies and individuals involved in arbitrations, litigations, and with investigations in the U.S., as well […]
Jul 16, 2021
MIAMI—Rivero Mestre LLP is pleased to announce that partners Andrés Rivero, Jorge A. Mestre, and Amanda McGovern have been named by their peers as Florida Trend Magazine’s 2021 Florida Legal Elite and have been recognized in the Commercial Litigation category. Additionally, Zalman Kass, has been named an Up & Comer in Commercial Litigation. Recipients of […]
Jul 14, 2021
MIAMI— Jorge A. Mestre has been selected a founder of Energy Related Arbitration Practitioners’ Miami Chapter. He will work with founders across the globe to organize events that address the particularities of energy-related arbitration proceedings. ENERAP is a global association aimed at building an international network of practitioners that have a strong interest in arbitration proceedings related […]
Jul 12, 2021
MIAMI— Jorge A. Mestre co-authored the recently published book, International E-Discovery: A Global Handbook of Law and Technology, Second Edition. The book, published by Globe Law and Business in association with Legalink, provides an analysis from across the globe of different approaches to and cutting-edge techniques in the use of digital evidence in legal and […]
Jun 25, 2021
MIAMI—Rivero Mestre LLP is pleased to announce that Super Lawyers has selected partners Andrés Rivero, Jorge A. Mestre, and Amanda McGovern as Top Rated Business Litigation Attorneys in the 2021 edition of Florida Super Lawyers. Additionally, Amanda L. Fernandez and partner, Zalman Kass, have been named Top Rated Business Litigation Attorneys and David DaPonte has been […]