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.
Sep 30, 2022
NEW YORK — Rivero Mestre is pleased to announce that partner Michael A. Fernandez has been named a “Rising Star” in the 2022 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. The Rising Stars list is […]
Sep 28, 2022
MIAMI — Jorge A. Mestre’s Young ITA North America panel discussion, “Transnational Litigation & Arbitration: Managing Parallel Proceedings” was featured in Young ITA’s summer newsletter. The event was held at Holland & Knight’s Miami office in April. Jorge was joined by Lidia Rezende, Katharine Menéndez de la Cuesta, Eve Perez Torres, and Sandra Friedrich. The […]
Sep 21, 2022
NEW YORK — Michael A. Fernandez will participate in the ICC’s New York Conference Arbitration Young Arbitration & ADR Forum (YAAF) debate titled “Jurisdiction: Should the model law be amended?” at Reed Smith LLP (599 Lexington Ave, New York) on Thursday, September 29, 2022, at 6:00 p.m. EDT. The conference will include ICC YAAF Representatives […]
Sep 14, 2022
NEW YORK — Rivero Mestre is pleased to announce that partner Michael A. Fernandez has been named a “Rising Star” by Legal Media Group’s (LMG) Expert Guides and has been recognized in the Commercial Arbitration category. The 8th edition of the Rising Stars guide recognizes “the brightest and most talented practitioners in the area of […]
Sep 7, 2022
MIAMI — Rivero Mestre is pleased to announce that Jorge A. Mestre has been named 2023 “Lawyer of the Year” by The Best Lawyers in America© in the International Trade and Finance Law category. Best Lawyers is a sophisticated peer-review process that surveys leading lawyers about the professional abilities of their colleagues in the same […]
Aug 24, 2022
NEW YORK — Michael A. Fernandez will speak on a panel at the 2022 HNBA/VIA Annual Convention titled, “High Stakes and Red Flags: The Growing Intersection Between Compliance and Dispute Resolution” at the Grand Hyatt in Washington, DC on Thursday, September 8, 2022, at 11:00 a.m. EDT. The panel will discuss corruption issues from a […]
Aug 23, 2022
MIAMI — Rivero Mestre is pleased to announce that Andrés Rivero and Jorge A. Mestre have been recognized in the 2022 edition of the South Florida Legal Guide as “Top Lawyers” in the Complex Business Litigation category. Allison Henry, Ana C. Malavé, and Amanda L. Fernandez were recognized as “Top Up and Comers.” Additionally, the […]
Aug 19, 2022
MIAMI — Rivero Mestre is pleased to announce that Andrés Rivero, Jorge A. Mestre, Amanda McGovern, Alan H. Rolnick, and Maria Sosa Marquez have been featured in the 2023 edition of The Best Lawyers in America©. Amanda L. Fernandez was included in Best Lawyers: Ones to Watch. Maria and Amanda were recognized for the first […]
Aug 17, 2022
MIAMI — Rivero Mestre is pleased to announce that the firm is a finalist for The American Lawyer’s 2022 Industry Awards in the National Boutique / Specialty Litigation Department of the Year category. The recognition is particularly gratifying because of the fine work and reputations of the other nominated firms in this category. The winner […]
Aug 10, 2022
MIAMI — Rivero Mestre LLP is proud to announce the new addition of four new attorneys: Erimar von der Osten, Angelica Mecias, Meagan Nicholson, and Raquel Toral. “We are pleased to have these exceptional attorneys join our team,” said Jorge A. Mestre. “Their skills and knowledge will further deliver favorable results for our clients.” Erimar is […]
Aug 8, 2022
MIAMI— Jorge A. Mestre, who serves as president of the Hispanic National Bar Foundation, gave closing remarks at the HNBF’s 2022 Annual Awards Dinner, at the Ritz-Carlton, Washington, D.C., on Thursday, July 14. Every year, the HNBF honors distinguished leaders and corporations that advance the HNBF’s mission to help Latino students achieve their potential through access […]
Aug 8, 2022
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 2022 in the International Arbitration category. 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 […]