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 16, 2020
MIAMI—Rivero Mestre LLP proudly announces that Zalman Kass has been named a partner at the firm. “Zalman is an excellent lawyer and also a highly effective leader within the firm,” said Andres Rivero. “He is perfectly aligned with our strategic goals of growth and game changing service, and we are excited to see him in […]
Sep 15, 2020
MIAMI—Rivero Mestre is proud to announce that Jorge A. Mestre has been recognized by the Florida Bar as Board Certified in International Litigation and Arbitration. The purpose of the International Litigation and Arbitration Certification is to identify those lawyers who have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for […]
Sep 11, 2020
MIAMI— Law360 reported on Rivero Mestre’s groundbreaking result on September 4, 2020, where the United States Court of Appeals for the Eleventh Circuit ruled that down-stream entities, such as provider networks, that ultimately bear the financial risk in administering Medicare benefits through their contracts with Medicare Advantage Organization can sue primary payers for nonpayment under […]
Sep 3, 2020
MIAMI—Rivero Mestre is proud to announce its launch of a new podcast, The Litigation Room: Where it Happens. In each episode, we will discuss pressing business developments and practical considerations about how to approach complex litigation problems. The podcast is available on Spotify, Anchor, YouTube, Breaker, Pocket Casts, Google Podcasts, RadioPublic, Apple Podcasts, and, coming […]
Aug 24, 2020
MIAMI—Rivero Mestre LLP is proud to announce Andrés Rivero, Jorge A. Mestre, Amanda McGovern, and Alan H. Rolnick are featured in the 2021 edition of The Best Lawyers in America©. They were selected through a sophisticated peer-review process that surveys leading lawyers about the professional abilities of their colleagues in the same geographic and legal […]
Aug 13, 2020
MIAMI—Rivero Mestre is proud to announce that Amanda McGovern has been recognized in The Best Lawyers in America© “Women in the Law” Business Edition. Amanda McGovern was recognized for her work in Commercial Litigation; Corporate Law; and Securities/Capital Markets Law. Amanda McGovern has been recognized repeatedly as a top litigator in matters that are both […]
Aug 12, 2020
MIAMI—Law firms have touted improvements in terms of diversity and inclusion, but when you move the magnifying glass to the top of the pyramid, minority lawyers continue to hold a small fraction of leadership positions. Jorge A. Mestre spoke with Law360 about implicit bias and how to counteract these difficulties with strategies demonstrating mentorship and […]
Aug 10, 2020
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 2020 and has been recognized as a “Litigation Star” for International Arbitration in Florida. “I’m honored to have been included in this year’s powerhouse list of Benchmark’s Top 250 Women in Litigation,” […]
Jul 29, 2020
MIAMI—Andres Rivero spoke on the American Bar Association International Law Section webinar entitled, “Paradise Recouped? Impact of Helms-Burton Title III Activation on Expropriated Cuban Property,” on June 30, 2020. The webinar featured a panel that discussed the historic decision the United States made to activate Title III of the Helms-Burton Act on April 17, 2019. […]
Jul 22, 2020
MIAMI—Rivero Mestre is proud to announce that the firm has been shortlisted for the Chambers Diversity and Inclusion Awards: USA 2020. The firm has been recognized in the “Outstanding Firm for Furthering Diversity and Inclusion” award category. According to Chambers, this award recognizes a firm that has shown “an outstanding commitment to diversity and inclusion […]
Jul 9, 2020
MIAMI—Rivero Mestre is pleased to announce Neha Dagley was elected to the Executive Council of the International Law Section of The Florida Bar (ILS). “I am honored to be a part of the ILS Executive Council,” said Neha Dagley. “I’m looking forward to working with this group of talented attorneys.” The ILS was founded in […]
Jul 7, 2020
MIAMI—Andres Rivero and Bryan Paschal recently spoke at the St. Thomas University School of Law FBA Student Division virtual boardroom luncheon. Rivero and Paschal shared their experiences about the legal profession and their careers. “It was a great honor and opportunity to speak to my law school alumni,” said Bryan Paschal. “The law school helped […]