Rivero Mestre’s experienced and innovative class action litigators have achieved outstanding results both defending and prosecuting class actions in federal and state courts throughout the United States. We have been honored as class action firm of the year by the Daily Business Review in its 13th Annual Most Effective Lawyers special report.
Our lawyers are experienced in complex class action cases, including multidistrict litigation, involving a variety of legal areas such as:
The firm and its lawyers have been court-appointed as lead class counsel, liaison counsel, members of executive committees in a multitude of class action cases. We have obtained exceptional results for our clients, more than $600 million in healthcare benefits obtained from settlements with Centene Corporation, Inc.; Blue Cross and Blue Shield of Florida Inc.; and UnitedHealthcare on behalf of classes of individuals suffering from the life-threatening disease hepatitis C. Our partners have been named recently as co-lead counsel or to the Plaintiffs’ Executive Committee in matters such as In re Valsartan, Losartan, and Irbesartan Products Liability Litigation, a multidistrict proceeding involving the largest Class I pharmaceutical drug recall of the second-most prescribed blood pressure medicines in the United States and In re Metformin Marketing and Sales Practices Litigation, representing third-party payers against several manufacturers and distributors of Metformin, the most prescribed type II diabetes drug in the United States.
M.D. v. Centene Corp.
Rivero Mestre sued Centene Corporation, Inc. (Centene) in June 2018, for failing to provide members of the class with the cure that would save their lives—Harvoni. Centene—the largest health insurer in the multistate marketplace for individual health insurance policies created under the Patient Protection and Affordable Care Act—had set up pretextual guidelines that resulted in the denial of Harvoni coverage for patients suffering from the most acute cases of hepatitis C. The instructions went so far as to refuse coverage unless an insured sought duplicative tests that were either difficult to obtain because they aren’t readily available or potentially damaging to the precarious health of Centene’s insureds. We obtained $141 million worth of life-saving treatment for a class of 1500 hepatitis C sufferers in a settlement with Centene Corp. In addition to the $141 million of insurance coverage, the settlement also provides a fund to pay for insurance coverage for a subset of persons no longer insured by Centene so that they can obtain the treatment they need.
Oakes v. Blue Cross & Blue Shield of Florida, Inc.
Rivero Mestre sued Blue Cross and Blue Shield of Florida, Inc. (collectively, “Florida Blue”) in January 2016, to provide members of the class with the cure that would save their lives—Harvoni. The FDA approved Harvoni in October 2014 and gave it the rare “breakthrough therapy” label. It cures hepatitis C in 99% of the cases with almost no side effects. The cure, however, comes with a steep price tag (starting at $63,000 for the shortest course of treatment), which caused insurers to come up with schemes to deny coverage. Rivero Mestre successfully obtained more than $200 million in benefits on behalf of more than 2,500 individuals in a settlement with Florida Blue in a highly contests class action.
Jones v. UnitedHealth Group, Inc.
Rivero Mestre sued United HealthCare Services Inc. (“United”) in May 2015, to provide members of the class with the cure that would save their lives—Harvoni. The FDA approved Harvoni in October 2014 and gave it the rare “breakthrough therapy” label. It cures hepatitis C in 99% of the cases with almost no side effects. The cure, however, comes with a steep price tag (starting at $63,000 for the shortest course of treatment), which caused insurers to come up with schemes to deny coverage. Rivero Mestre successfully obtained nearly $300 million in benefits on behalf of more than 4,000 in a settlement with United in a highly contests class action.
In re: Valsartan Products Liability Litigation
Rivero Mestre has sued various generic pharmaceutical manufacturers because they sold carcinogen-tainted Valsartan—a generic version of the leading blood pressure medicine in the U.S.—into the United States. The Valsartan contamination case deals with extremely disturbing corporate misconduct that has caused the single largest FDA recall ever. Rivero Mestre filed its case in Miami, Florida, on behalf of third-party payors (medical insurers) who have paid as much as 80% of the estimated $3 billion cost of the tainted Valsartan and the untainted replacement doses of the recalled Valsartan. Because hundreds of individual injury cases were expected, the case was drawn into the multi-district litigation (MDL) process, which led to the consolidation of all cases in Camden, New Jersey. Rivero Mestre has been named to the executive committee leadership of the MDL and is lead counsel on the third-party payor issues in the MDL. The MDL is entering the discovery stage and the TPP issues are expected to be among the earlier aspects of the litigation to be addressed by the Court.
Mata v. Trivago GMBH; Lopez Regueiro v. American Airlines Inc.; and Del Valle v. Trivago GMBH
Rivero Mestre has aggressively pursued claims under the Helms-Burton statute since Title III of the law was allowed to go into effect by order of the U.S. president on May 2, 2019. The law allows U.S. nationals to claim damages against persons who “traffic” in property they (or their forbearers) owned in Cuba at the time of the Cuban revolution that was thereafter confiscated by the Castro government. On learning that the statute had become operational Rivero Mestre quickly analyzed potential cases (determining that economic activities like tourism, transportation, rum and mining were most likely to be the basis for successful suits) and brought the greatest number and most important of the 20 lawsuits filed at the time of this submission. Rivero Mestre has sued the principal hotel chains operating in Cuba, bringing 5 hotel-related lawsuits relating to more than 70 of the 84 foreign hotels operating in Cuba. The largest such case names Melia International S.A, which operates 34 hotels and resorts in Cuba and the online reservation bookings services, Expedia, and Booking.com. Rivero Mestre has also brought the single biggest claim, that of the heir to the Jose Marti International Airport, against two of the major airlines flying into that airport. The Jose Marti International airport claim is estimated to be for an amount approaching $1 billion. All of the cases are extraordinarily complex, involving questions of proof spanning six decades, conduct crossing multiple borders, and legal questions of first impression because the statute has never been applied until now.
Hildenbrand v. W Holding Co., Inc.
We represented former directors and officers of W Holding Co., Inc. in a securities class action lawsuit, Hildenbrand v. W Holding Co., Inc., in the U.S. District Court for Puerto Rico. Filed on behalf of purchasers of the publicly-traded securities of W Holding, the suit alleged that W Holding violated Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 and SEC Rule 10b-5. We opposed class certification, moved for sanctions against the lead plaintiff and his counsel—the largest class action firm in the U.S.—and ultimately moved for summary judgment, all of which caused the plaintiff to settle for pennies on the dollar. We whittled a claim of $135 million to a settlement of $8.75 million, which the available D&O insurance amply .
Anwar v. Fairfield Greenwich Limited
Rivero Mestre represented Headway in the multi-district lawsuit arising from the Bernie Madoff fraud scheme. Headway sued Standard Chartered Bank (SCB) because it recommended that Headway invest millions of dollars in two investment funds offered by Fairfield Greenwich that were nothing more than funnels into Madoff’s coffers. The Court appointed Jorge Mestre to the Plaintiffs’ Steering Committee. SCB, represented by Sullivan & Cromwell, moved to dismiss the claims based on the Securities Litigation Uniform Standards Act (SLUSA). On July 29, 2015, the Court ruled that Headway’s claims related to SCB’s failure to conduct due diligence—the essence of the claim—are not barred by SLUSA. In light of this critical ruling in Headway’s favor, the case was set for trial and a favorable settlement was obtained after years of litigation.
Sicilia v. Home Title Association, Inc.
We defended Home Title in a class action alleging that it was charging title premiums that exceeded those permitted under Florida law to Florida consumers who were refinancing their mortgages and obtained a dismissal.
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 […]