Resources
 

Reported Cases/Opinions

• Russell E. Yates has been involved with the following reported cases:
  Reddick v. Durango Herald, et al., 719 P.2d 340 (Colo. Ct. App. 1986); Burnett Construction Company v. United States, 26 Ct. Cl. 296 (1992); City and County of Denver v. Adolph Coors., et al., (D. Colo. 1992); City and County of Denver v. Alumet, et. al., (D. Colo. 1994); Organic Chemical Site PRP Group v. Total Petroleum Inc., 6 F. Supp.2d 660 (W.D. Mich. 1998); Organic Chemical Site Group v. Total Petroleum Inc., 58 F. Supp.2d 755 (W.D. Mich. 1999); Lyon Metal Products, LLC v. Protection Mut. Ins. Co., 254 Ill.Dec. 455, 747 N.E.2d 495 (Ill.App.Ct. 2001); Agritrack, Inc. v. DeJohn Housemoving, Inc., 25 P.3d 1187 (Colo. 2001); Wausau Business Ins. Co. v. U.S. Motels Mgmt., Inc., 341 F.Supp.2d 1180 (D. Colo. 2004); Continental Casualty Company v. Landmark Hotels, LLC, 184 Fed.Appx. 649 (2006); 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. h.)(mem. op.).
   

• Yates Law Firm obtained a take-nothing summary judgment for its client, a major property insurer, against a plaintiff who sought approximately $30 million for alleged property damage. The plaintiff appealed that judgment. Scott P. Baker wrote the appellate brief and argued the case to the Texas Fourth Court of Appeals in support of the trial court’s judgment. Matthew S. Mersfelder performed extensive analysis, discovery, motions and arguments. The appellate court affirmed the trial court’s decision in its opinion 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 be viewed here.
   

• Scott P. Baker was trial court counsel for a national fundraising company that sought and obtained an injunction against the Texas Comptroller over its sales tax policy involving brochure fundraising. The Texas Third Court of Appeals quoted Mr. Baker’s cross examination in its opinion that affirmed the trial court’s orders. See Combs v. Entm’t Publ’ns, Inc., 292 S.W.3d 712 (Tex. App.—Austin 2009, no pet.). The opinion can be viewed here. 
   

• Scott P. Baker wrote the trial and appellate court briefs to successfully challenge a court’s personal jurisdiction over a major national trade association, which was dismissed from the case. The Texas Third Court of Appeals upheld the trial court’s decision in the opinion cited as Botter v. Am. Dental Ass’n, 124 S.W.3d 856 (Tex. App.—Austin 2003, no pet.). The opinion can be viewed here.
   

• Scott P. Baker represented in probate court a client who sought to probate her father’s will and whose adversary filed a will contest alleging, among other things, that the will was a forgery, that the testator lacked testamentary capacity, and that the testator had undue influence exerted on him to prepare and execute the will. The probate court granted the summary judgment motions that Mr. Baker prepared and argued, and it admitted the will to probate. The court ordered that the will contestant take nothing. The Texas Third Court of Appeals quoted Mr. Baker’s cross examination in its opinion that affirmed the probate court’s judgment. That opinion is currently cited as Pool v. Diana, No. 03-08-00363-CV, 2010 WL 1170234, (Tex. App.—Austin March 24, 2010, no pet. h.) (mem. op.) (Patterson, J., concurring and dissenting on additional sanctions imposed by appellate court). The opinion can be viewed here.
   

• Matthew S. Mersfelder prepared 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 be viewed here.
   

• Matthew S. Mersfelder wrote and researched 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 be viewed here.
   

• Phillip J. Frazee has been involved with the following 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).

Press

• Scott P. Baker prepared the successful brief in support of an injunction, pursuant to the Americans with Disabilities Act, to allow a disabled golfer to try to qualify for the U.S. Senior Open.  An article about that case can be viewed here.