Phillip J. Frazee


Phillip J. Frazee

Admissions

State of Colorado

State of Minnesota

State of California

U.S. District Court, Colorado

U.S. District Court, Western District of Michigan

U.S. District Court, Central District of California

U.S. District Court,
Eastern District of Wisconsin

U.S. District Court, Northern District of Illinois

Education:

George Mason University School of Law, Arlington, Virginia, Juris Doctor.

Duke University, Durham, North Carolina, Bachelor of Science.

Mr. Frazee is a principal in the Yates Law Firm and has practiced law for over 13 years since graduating from George Mason University School of Law in Virginia. Immediately after law school, Mr. Frazee clerked for the Colorado Court of Appeals in Denver, Colorado before embarking upon private practice in civil litigation. Mr. Frazee worked with Mr. Yates in a predecessor firm for over five years in Denver where he handled numerous cases from inception through jury trial and appeal in state and federal courts throughout the United States. After practicing in Denver for over eight years, Mr. Frazee moved to Southern California where he practiced before taking a 2 ½ year sabbatical from the practice of law to sail and scuba dive the South Pacific with his wife. Upon his return, he re-joined the Yates Law Firm to run the California office in Newport Beach, California.

Mr. Frazee’s licenses to practice in the States of Colorado, Minnesota, and California have allowed him to represent a diverse range of clients from Fortune 500 Companies to small businesses and individuals in business disputes without the need for local counsel. In addition, Mr. Frazee’s admission to numerous Federal Courts have allowed him to represent these same clients in a variety of matters on the Federal level.
Because most business and commercial disputes do not end up in trial, but are settled either before trial or even before litigation is instituted through the use of arbitration or mediation, Mr. Frazee realizes the importance of developing good relationships with his clients and opposing counsel, as well as developing his client’s case, so that the best possible settlement can be reached if a matter does not go to trial. If a matter does go to trial, Mr. Frazee has substantial experience in both first and second chair in state and federal courts for bench and jury trials in the areas of products liability, personal injury, construction defect, and insurance coverage and bad faith claims of large property, construction and business interruption losses.

Some of the matters Mr. Frazee has been involved with include:

Second-chaired a successful jury trial defense of a major commercial property insurer with Mr. Yates in Illinois state court against a $5 million business interruption loss and bad faith claim. The bad faith claim was dismissed just before trial on summary judgment. Mr. Frazee also wrote the appellate briefs on Plaintiff’s appeal to the Illinois Court of Appeals, which affirmed the trial court verdict.  Lyon Metal Products, L.L.C. v. Protection Mut. Ins. Co., 321 Ill.App.3d 330, 747 N.E.2d 495 (Ill.App. 2001).

Second-chaired a jury trial with Mr. Yates against Hartford Insurance Company which resulted in a verdict in excess of $1.8 million for the insured for a large commercial property loss in which Hartford denied all coverage.   Mr. Frazee also wrote the appellate briefs on appeal to the Colorado Court of Appeals which affirmed the jury verdict.

Prepared for trial, including discovery, depositions of lay witnesses and experts, and all motions, a case for a large commercial property insurer defending claims for breach of contract and bad faith totaling over $8 million, which arose out of rain damage to a hotel while it was under construction.  At trial, the court determined there was no insurance coverage under the policy for the loss.  The ruling was upheld on appeal to the Ninth Circuit Court of Appeals.  Continental Cas. Co. v. Landmark Hotels, L.L.C., 184 Fed.Appx. 649 (9th Cir. 2006).

Prepared for trial, including all discovery and trial briefs, a subrogation case for a large commercial property insurer and its insured, J.C. Penny, against the owner of a mall and a maintenance contractor for the collapse of a roof due to snow overloads on the roof. Settled the matter on the morning of jury selection with a very favorable verdict for J.C. Penny and the insurer.

• Counseled and assisted a minority owned, small business client with contract negotiations and contract terms and conditions for the construction of the Sunrise Power Link Project with San Diego Gas & Electric.

Reported Cases:

Agritrack, Inc. v. DeJohn Housemoving, Inc., 25 P.3d 1187 (Colo. 2001).

Lyon Metal Products, L.L.C. v. Protection Mut. Ins. Co., 321 Ill.App.3d 330, 747 N.E.2d 495 (Ill.App. 2001).

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