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Jessica E. Yates

Jessica E. Yates

Partner| Denver


Jessica Yates' practice is concentrated in litigation and appeals in both federal and state courts, as well as business issues and negotiations. She has experience in commercial disputes, consumer lending litigation for institutional clients, condemnation/eminent domain, contract negotiations, public-private partnerships, government procurement and private contract disputes, environmental law, real estate and construction litigation, agribusiness law, special districts/local government and insurance coverage disputes.

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Recent Representative Appeals
  • Jordan Crossing Homeowners Association Inc. v. Taylor Morrison of Colorado, Nos. 16CA0593 & 16CA1236 (August 3, 2017): Represented residential community developer in suit for breach of contract and fiduciary duty by homeowner’s association
  • MarkWest Energy Partners L.P. v. Zurich American Insurance Co., No. 15CA0770, 2016 COA 110: Represented pipeline company in action involving the notice-prejudice rule in claim to recover cleanup costs
  • Vail Gateway Plaza Condominium Assoc. Inc. v. TNG Holding, LLC, No. 14CA1477 (October 29, 2015): Represented commercial property owner in HOA dispute concerning compliance with covenants
  • Ledroit v. Kim, No. 14CA1161: Representation involving complex questions of personal jurisdiction and enforcement of Canadian judgment
  • Marso v. Dilbeck: No. 13CA1784 (Colo. App. Oct. 23, 2014): Represented title insurer in appeal regarding claim for the presence of uranium mill tailings in home
  • Taylor Morrison of Colorado, Inc. v. Bemas Construction, Inc., No. 12CA2428, 2014 COA 10 (Colo. App. Jan. 30, 2014): Represented homebuilder in appeal regarding unenforceability of contractual limitation of liability given evidence of willful and wanton breach of contract
  • Valley Bank & Trust Company v. Todd Creek Village Metropolitan District, Case No. 12CA1302, 2013 COA 154 (Colo. App. Nov. 21, 2013): Represented bank in an appeal against special district involving allegedly improper loan
  • Huffman Livestock, LP v M5 Consulting, LLC, et al., Case No. 12CA0021 (Colo. App. Jan. 17, 2013): Represented plaintiff cattle company in an appeal involving the issue of good faith purchaser status under the Uniform Commercial Code
  • Nalwa v. Cedar Fair, L.P., S195031, 55 Cal. 4th 1148 (Dec. 31, 2012): Filed amicus brief in favor of amusement park’s position, upheld on appeal, that park had no duty of ordinary care to prevent injuries from the bumping action of bumper cars
  • Capital Securities of America, Inc. v. Griffin, 2010 SC 779, 2012 CO 39, 278 P.3d 342 (Colo. May 29, 2012): Defended securities firm and brokers where plaintiffs were not entitled to statutory remedy or common law remedy of restitution)
  • Colorado Mills, LLC v. SunOpta Grains and Foods Inc., No. 11SA82, 2012 CO 4, 269 P.3d 731 (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 individuals associated with developer in litigation concerning allegations of non-compliance with public district procedures and funding requirements.
  • 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.
  • 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
  • Colorado Bar Association
    • Amicus Curiae Committee
    • Appellate Subcommittee, Co-Chair of Annual CLE
  • Colorado Women's Bar Association
  • Colorado Lawyers Committee, Mental Health Task Force, Co-Chair
  • U.S. District Court, District of Colorado, Appointment to Standing Committee on Pro Se Litigation
  • Tenth Circuit Court of Appeals, Appointed as Criminal Justice Act panelist (accepts pro bono appointments from the Tenth Circuit)
  • American Bar Association
  • Snell & Wilmer Pro Bono Committee, Co-Chair (2015-present)
  • Snell & Wilmer Ethics Committee
  • AV Preeminent® rated, Martindale-Hubbell®
  • Colorado Super Lawyers®, Appellate (2017)
    • Rising Stars Edition, Appellate (2013-2016); Business Litigation (2012)
  • Colorado Lawyers Committee Team of the Year (2012) (member of Lobato v. State team)
  • Up-and-Coming Lawyers, Law Week Colorado, Finalist (2011)
  • Colorado Health Foundation, Board Member
  • Open Boulder, Founder and Board Member
  • Access Fund, Board Member
  • 36 Commuting Solutions, Board Member
  • Leadership Denver, Class of 2016
  • 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
  • Colorado
  • Supreme Court of Colorado
  • United States District Court, District of Colorado
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States Supreme Court