Admissions

State of Colorado

U.S. District Court, Colorado

Tenth Circuit Court of Appeals

Ninth Circuit Court of Appeals

U.S. District Court,
Eastern District of Wisconsin

Education:

Lewis and Clark School of Law, Juris Doctor.

University of Colorado at Boulder, Bachelor of Science.

Mr. Mersfelder, a principal in the Yates Law Firm, has  a practice focused on commercial litigation, with an emphasis on commercial property, construction, and contract disputes, as well as a variety of related insurance matters such as coverage, bad faith, and subrogation analysis and litigation. Mr. Mersfelder has broad litigation experience counseling and representing clients in matters throughout the western United States in both state and federal courts. Mr. Mersfelder also serves as Yates Law Firm, LLC’s Managing Principal, where he supervises the business side of the law practice.

Mr. Mersfelder has handled cases ranging from small pro bono disputes to large multi-million dollar commercial property insurance cases. In each case, Mr. Mersfelder strives to understand the client’s needs and to provide high level representation, while also balancing cost and other practical considerations associated with litigation. He believes that ultimately the best service a litigation attorney can offer the client is to provide the most effective resolution of the client’s dispute under the circumstances through sound business judgment, objective advice, and determined advocacy.

Every phase of litigation is an important step towards such a resolution, from creating the strategic plan and critical evaluation of the case, to fact discovery and depositions, to mediation and settlement negotiations, to advocacy before the court in written motions and at hearings, trial, and if necessary, appeal. Mr. Mersfelder is experienced in all of these areas, allowing him to best serve his clients’ interests in each phase of litigation and move toward the successful resolution of the dispute, whether through negotiation or through litigation in court.

Prior to private practice, Mr. Mersfelder served for two years as a law clerk to the Honorable Judge Nieto on the Colorado Court of Appeals. During his clerkship, Mr. Mersfelder was responsible for analysis of trial court records, researching complex legal issues, and creating draft disposition memoranda for cases involving nearly every type of subject matter. His diverse and extensive experience working closely with judges has provided Mr. Mersfelder with invaluable perspective concerning the judicial process at both the trial and appellate court levels.

The following are some examples of the variety of matters that Mr. Mersfelder has litigated:

• Dismissal of all claims against a national property insurance client brought by a plaintiff seeking approximately $30 million dollars for alleged property damage and bad faith damages associated with a series of losses at a hotel. Mr. Mersfelder performed extensive analysis, discovery, motions and argument resulting in the court granting summary judgment in favor of the client. The dismissal of all claims was affirmed by the Texas Fourth Court of Appeals; the Court’s opinion is cited as: CWCapital Asset Mgmt. LLC v. Wausau Bus. Ins. Co., No. 04-08-00457-CV, 2009 WL 1900413 (Tex. App.—San Antonio July 1, 2009, no pet.) (mem. op.).
The opinion can also be viewed here.

• Representation of the University of Denver in litigation concerning claims for construction and design defects following damage to a building on the DU campus after a large snowstorm. Mr. Mersfelder defeated the opposing parties’ motions to enforce contractual waiver provisions and achieved a favorable resolution of the dispute.

• Successful representation of a national commercial property insurer in litigation involving a claim for approximately $1 million in property damage sought by the property owner when its retaining walls failed due to defects in soils engineering, design, and construction. Mr. Mersfelder assisted the client in coverage analysis and in navigating choice of law, jurisdictional, and attorney fee issues. By taking proactive measures and bringing a declaratory judgment action, the client was not subjected to additional exposure and attorney fees asserted by plaintiff. In doing so, Mr. Mersfelder was able to narrow the dispute and resolve the matter for a small fraction of the damages the property owner was seeking from the client.

• Resolving, without litigation, a dispute for a former Denver Bronco after his Denver area home suffered flooding and he was initially denied insurance coverage. Through precise legal analysis and negotiation with the insurer, Mr. Mersfelder obtained coverage by mutual agreement and obtained full recovery for the damage on behalf of his client without litigation.

• Preparation of trial briefs for a property insurance client 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 agreed that under applicable law the client had no liability because the damage was not covered under the policy’s resulting loss provisions. The ruling was upheld on appeal. The court’s opinion is cited as: Continental Cas. Co. v. Landmark Hotels, LLC, 184 Fed.Appx. 649 (9th Cir. (Cal.) 2006). The opinion can also be viewed here.

• Representation of a manufacturing company that sued for improper installation and maintenance of electrical equipment that resulted in the client suffering property damage and lost manufacturing production. By narrowing pivotal electrical engineering and causation issues, Mr. Mersfelder was able to facilitate a positive resolution of the dispute for the client.

• Writing and researching a successful summary judgment motion arguing that the client had satisfied its obligations under a commercial crime insurance policy following claims for employee embezzlement losses. The court granted the motion and also dismissed the insured’s bad faith claim, resolving the matter for the client with no additional liability on the loss. The Court’s opinion is cited as: Wausau Business Insurance Co. v. US Motels Management, Inc., 341 F.Supp.2d 1180 (D. Colo. 2004). The opinion can also be viewed here.

• Defending library board members who were sued by a library employee after he was terminated. The lawsuit, which was publicized in the local media, alleged infliction of emotional distress and that the clients acted without formal or appropriate authority. The case was complicated by a related investigation of potential criminal charges. Mr. Mersfelder successfully navigated these issues and resolved the dispute in a manner satisfactory to the clients.

• Representing a local resident pro bono in a dispute with her mortgage company, which sought to foreclose on her house following a devastating fire that displaced her from her home. Mr. Mersfelder successfully resolved the matter by seeking to vacate the foreclosure action and pursuing alternative avenues to satisfy the mortgage. Mr. Mersfelder obtained a dismissal of the foreclosure action and the client retained ownership of her property without further liability.

• Handling multiple insurance matters where appraisal of the amount of the loss, rather than litigation, was utilized to resolve or narrow issues, minimizing the risk and cost associated with determining such issues in litigation. For instance, Mr. Mersfelder recently wrote a successful motion to stay litigation against his client and to instead compel appraisal of the amount of the loss, saving the client time and money in not having to resolve such issues in litigation.

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