Jessica Yates' practice is concentrated in litigation and appeals in both federal and state courts. She has experience in commercial litigation, real estate litigation, environmental law, construction litigation, agribusiness law, criminal appeals, securities law, insurance coverage disputes, infrastructure issues and other issues.
Representative Litigation
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Recent Representative Appeals
- Colorado Mills, LLC v. SunOpta Grains and Foods Inc., No. 11SA82, 2012 CO 4, ____ P.3d ____ (Colo. 2012): Reviewing a district court order in an interlocutory appeal pursuant to C.A.R. 21, the Colorado Supreme Court reversed the lower court, holding that Colorado courts have no jurisdiction to issue subpoenas to non-party out-of-state entities, even in the context of an arbitration.
- United States v. Armijo, 651 F.3d 1226 (10th Cir. 2011): The Tenth Circuit reversed a lower court decision that had imposed a longer sentence for defendant's gun possession conviction after the district court concluded that a prior manslaughter conviction was a "crime of violence" that should warrant an enhanced sentence. The Tenth Circuit disagreed and held that reckless manslaughter was not a "crime of violence" under the principles articulated by the Supreme Court because it lacked the requisite scienter.
- Little v. Jones, 607 F.3d 1245 (10th Cir. 2010): The Tenth Circuit reversed a lower court's decision that an inmate's complaint regarding a religious diet request had to be dismissed for failure to exhaust his administrative remedies. The Court instead concluded that the inmate had exhausted all available steps, and the internal administrative review had exceeded its authority by denying the inmate the ability to complete his administrative appeal.
- AdvantEdge Bus. Group, L.L.C. v. Thomas E. Mestmaker & Assocs., 552 F.3d 1233 (10th Cir. 2009): The Tenth Circuit affirmed a trial court's dismissal and declined to review an order granting partial summary judgment to defendants, as it was interlocutory in nature and plaintiff's other claims had been dismissed for failure to prosecute.
Other Post-Trial Litigation
- Represented defendant trucking company in post-trial motions after $12 million jury verdict was awarded against company. Secured remittitur of $6 million by trial court.
- Represented defendant mortgage company on appeal after being sued by plaintiff homeowners for federal mortgage-related violations. Secured win on appeal on all claims.
Education
- University of Virginia School of Law (J.D., 2006)
- Order of the Coif
- Editorial Board, Virginia Law Review
- University of York, England (M.A., Public Administration and Public Policy, with distinction, 1994)
- University of North Carolina at Chapel Hill (B.A., Journalism and Mass Communication, with distinction, 1992)
- Phi Beta Kappa
Court Admissions
- Supreme Court of Colorado
- United States District Court, District of Colorado
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Tenth Circuit
Professional Memberships & Activities
- Colorado Association of Corporate Counsel, Member
- State Bar of Colorado, Appellate Subcommittee, Member
- Colorado Lawyers Committee, Mental Health Task Force, Co-Chair
- Appointed Criminal Justice Act panelist by Tenth Circuit Court of Appeals; accepts pro bono appointments from the Tenth Circuit
- Faculty of Federal Advocates (Colorado)
- American Bar Association
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University of Colorado-Denver, Guest Lecturer, Introduction to Criminal Justice
Representative Presentations & Publications
- Sanctions, Costs and Attorneys Fees on Appeal, Co-Presenter, Colorado Bar Association CLE, Denver, Colorado (November 19, 2010)
- Appellate Practice Hot Topics 2009: Record on Appeal, Co-Presenter, Colorado Bar Association CLE, Denver, Colorado (November 19, 2009)
Professional Recognition & Awards
- Colorado Super Lawyers®, Rising Stars Edition - Business Litigation (2012)
- Up-and-Coming Lawyers, Law Week Colorado, Finalist (2011)
Other Professional Experience
- U.S. Court of Appeals, Tenth Circuit, Clerk to Hon. David Ebel, Denver, Colorado
- Natural Resources Defense Council, Legal Intern, Washington, DC
- U.S. District Court, District of Columbia, Intern to Hon. Colleen Kollar-Kotelly
- Office of Budget, Technology and Finance, U.S. Department of Health and Human Services, Special Assistant to Assistant Secretary
- Department of Human Services, City of Alexandria, Virginia, Program Analyst
Public Service
- City of Boulder Transportation Advisory Board, Member: five-year appointment to advise City Council on transportation issues and programs
- City of Boulder Capital Investment Committee, Member: one-year appointment focused on developing bond proposals for infrastructure investment
