Admissions:

Education:

Fort Lewis College, Bachelor of Arts.

Email:

Russell E. Yates

Mr. Yates' national litigation practice has established him as one of the top trial lawyers in Denver today.   During his 35 years of law practice, Mr. Yates has tried in excess of 85 civil cases in a broad spectrum of disputes involving toxic torts, environmental litigation including electromagnetic field defense, insurance coverage disputes, construction claims, design/build contract disputes and a wide variety of complex commercial disputes in the United States and abroad.

Mr. Yates has extensive experience in insurance coverage and bad faith insurance litigation, trying cases throughout the western United States.   In 1997, Mr. Yates first-chaired a successful trial defense of a $9 million coverage and bad faith claim against a Lloyd's of London syndicate.   More recently, in January 2000, Mr. Yates successfully defended Protection Mutual Insurance Company in Illinois state court in a $5,000,000 insurance bad faith case brought by a large metal manufacturer.   The bad faith claim was dismissed on the eve of trial and, following a two-week trial, the jury found in favor of Protection on Plaintiff's claim for additional business interruption losses.

In 2004, Mr. Yates first-chaired two successful defenses involving breach of contract and insurance bad faith, one in the U.S. District Court for the District of Colorado entitled Leprino Foods Co. v. Factory Mutual Ins. Co. , and one in the United States District Court for the Central District of California entitled Landmark Hotels v. Continental Casualty Ins. Co.   Combined, the claims sought over $22,500,000 with both cases resulting in full defense verdicts.

Mr. Yates leads the firm's representation of Factory Mutual Global Insurance Company and Factory Mutual Affiliated in the first-party property area, handling subrogation claims, coverage defense and bad faith defense.   He has also represented insurance companies in E&O claims as well as MAI appraisal.   In the first-party property area, Mr. Yates has handled significant matters concerning business interruption calculations, as well as business valuations.   He has also participated in appraisals where business valuation and losses were in dispute.

In 1994, Mr. Yates successfully represented the General Assembly of the State of Colorado (Colorado's state legislative branch) against an injunctive claim action brought by several members of the disabled community in Colorado under the Americans with Disabilities Act ("ADA").   The Plaintiff group attempted to halt a special legislative session due to the State's alleged failures to comply with the ADA in the State Capitol building.   Following a several-day, emotionally charged hearing in federal court, Mr. Yates successfully brought the Plaintiff's group and the State Legislature to terms on corrective measures in the State Capitol building, thereby allowing the participation of the citizen's group in the special session.

For many years, Mr. Yates has been involved in the litigation and trial of construction disputes and claims.   He is a member of the United States Claims Court of Washington, D.C., where he successfully litigated a case of first impression on the interpretation of 48 C.F.R. § 52.212-11, Variation of Estimated Quantity Clause, in federal contracts.   Mr. Yates is a past member of the Colorado Contractor's Association and has litigated several major cases in both state and federal courts, as well as the Federal Board of Contract Appeals.

Mr. Yates also has significant experience in environmental litigation.   He was lead counsel on behalf of the City of Denver in City and County of Denver v. Adolph Coors, Inc., et al. (U.S. District Court, District of Colorado).   The City brought the case under the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601, et seq ., commonly known as Superfund.   In that matter, Mr. Yates led a team of lawyers against 38 potential responsible parties (PRP) in seeking the costs of cleanup of the Lowry Landfill site.   This matter was settled one day prior to trial with the defendants agreeing to pay the City for over eighty percent (80%) of the cost of clean up, which resulted in a multi-million dollar settlement for the City.   Over 20 expert witnesses were effectively used in this case.

Mr. Yates first-chaired another CERCLA matter on behalf of the City of Denver, City and County of Denver v. Alumet, et al. (U.S. District Court, District of Colorado).   In this case, the City of Denver brought an action for costs of cleanup of a Superfund site against 23 defendants.   The plaintiff had requested $68 million in damages in that case.   In conjunction with attorneys from other firms, Mr. Yates has participated in the litigation of other environmental cost recovery actions including, most recently, the settlement of a Superfund case in western Michigan, OCI PRP Group v. Total Petroleum, Inc. , 58 F. Supp. 2d 755 (W.D. Mich. 1999) that resulted in a multi-million dollar settlement on behalf of a multi-party PRP Group.

Mr. Yates has had extensive first-chair trial experience in federal and state courts in both bench and jury trials. He has litigated numerous cases throughout Colorado and the West. His bar admissions include the State of Colorado, State of Pennsylvania, United States District Courts for the District of Colorado, Northern and Central Districts of California, Northern District of Illinois, Southern District of Indiana, District of Arizona, Western District of Michigan and Eastern District of Wisconsin, as well as the United States Court of Appeals for the Ninth and Tenth Circuits. He has also been specially admitted for specific cases in New Mexico, Arizona, Idaho, Illinois, Indiana, Minnesota, Oregon, Washington and Utah.

Mr. Yates also has significant public service experience, having served as the La Plata County Attorney, as a member of the Colorado State Highway Commission, serving two terms as chairman, and has served on the Committee on Conduct for the United States District Court for the District of Colorado.   Mr. Yates was also appointed by the Colorado Attorney General as a Special Assistant Attorney General to represent the Colorado Department of Highways in a product liability case against a major chemical manufacturer.

A graduate of Ft. Lewis College and the University of Denver College of Law, Mr. Yates also frequently authors and lectures on litigation skills and environmental law.   Mr. Yates is also currently an Adjunct Professor in the Business College of the University of Denver where he teaches a course on Ethics in the Business/Legal World.

PLEASE NOTE: The Yates Law Firm, LLC maintains its offices in Chicago, Illinois through the law firm of Bates & Carey, LLP which has attorneys licensed in Illinois.
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