Katherine C. Yarger is a commercial litigator practicing at the trial and appellate levels in state and federal courts. She has prevailed in civil jury cases tried to verdict and has successfully argued appeals in federal and state courts. Law Week Colorado named Ms. Yarger a “Top Woman Lawyer,” and Super Lawyers has recognized her as a “Rising Star.”
Ms. Yarger has particular expertise in high-stakes regulatory challenges at both the state and federal levels. Her experience includes successfully defeating OSHA’s vaccine mandate before the United States Supreme Court and overturning an unlawful directive related to hurricane coverage issued by the Louisiana Insurance Commissioner. She has also worked to reinstate hundreds of millions of dollars in federal grant funding unlawfully terminated by the federal government at one of the nation’s leading research universities.
Before joining Lehotsky Keller Cohn LLP, Ms. Yarger practiced as a trial and appellate litigator at Gibson, Dunn & Crutcher LLP and Wheeler Trigg O’Donnell LLP. Her practice included defending large companies in complex consumer products and insurance class actions as well as defending companies in large-scale federal investigations and regulatory challenges covering a wide range of industry sectors.
After graduating from Duke University School of Law, Ms. Yarger clerked for the Honorable Allison H. Eid of the Colorado Supreme Court and the Honorable Neil M. Gorsuch of the United States Court of Appeals for the Tenth Circuit. Ms. Yarger went on to clerk for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court.
Honors & Affiliations
Duke University School of Law Award for Excellence in Appellate Advocacy
Graduated Dartmouth College and Duke University School of Law with honors
Law Week Colorado “Top Woman Lawyer” in Colorado
Selected to join the Colorado General Counsel Group
Super Lawyers “Rising Star” in Colorado
Court Admissions
Colorado Bar
Supreme Court of the United States
United States Courts of Appeals for the First, Fourth, Eighth, Ninth, and Tenth Circuits
United States District Court for the District of Colorado
Representative Experience
Insurance
Argued issue related to bifurcation of bad faith discovery in Kentucky Supreme Court on behalf of major insurance carrier.
Represented insurance company in obtaining a settlement lower than the jury’s verdict in a case involving a large punitive damages award.
Successfully defeated an illegal directive from the Louisiana Commissioner of Insurance related to hurricane deductibles.
Regulatory
Represented trade groups covering virtually every sector of the U.S. economy in defeating OSHA’s vaccine mandate in the United States Supreme Court
Represented publicly traded oil and gas company in suing the Securities and Exchange Commission regarding its unprecedented Climate Disclosure Rule.
Successfully defeated an illegal directive from the Louisiana Commissioner of Insurance related to hurricane deductibles.
Defended international mining company in industry critical appeal in the Ninth Circuit Court of Appeals.
Defended a Fortune 100 company in a multi-year, multi-stage investigation by the Federal Trade Commission involving cutting edge privacy, cyber-security, and consumer protection issues.
Class and Mass Action
Defended major vitamin manufacture in multiple putative class actions related to label representations.
Defended oil and gas company in putative class actions related to royalty payments.
Obtained successful settlement in a series of state-wide class actions alleging violations of a provision contained in a life insurance product.
Defended Fortune 5 company in class action in federal court in which plaintiffs alleged, on behalf of hundreds of thousands of putative class members, claims of wage and hour violations spanning dozens of workplaces.
Obtained voluntary dismissal of putative class action for Fortune 5 company in a putative age and gender discrimination class action involving thousands of putative class members.
Defended large national company in actions spanning multiple jurisdictions related to cutting edge questions of categorization of workers under various states’ and federal employment law.
Other
Reinstated hundreds of millions of dollars in federal grants illegally canceled by the federal government.
Represented the country’s largest oil and gas trade associations in defending resolutions of disapproval invalidating Clean Air Act waivers granted to California for its Clean Cars program.
Filed petition for certiorari in the United States Supreme Court on behalf of insurance company related to novel new trial standard and obtained favorable statement respecting denial of certiorari.
Defended self-made billionaire in multi-front litigation involving breach of contract claims, RICO claims, and fraud claims all related to large corporate ownership dispute.
Successfully defended large joint venture in multi-billion-dollar arbitration involving a contract dispute arising out of one of the largest energy infrastructure projects in the United States.
Defended medical products company against Lanham Act claim and achieved favorable settlement.
Defended large healthcare corporation against unsubstantiated hit piece by major news outlet.
Convinced Federal Trade Commission to voluntarily dismiss an action against a Fortune 500 company for a purported violation of the Clayton Act.
Prevailed in Sixth Circuit Court of Appeals on behalf of transportation company on an unsettled issue of interstate transportation law.
Defended name brand consumer food company in dispute related to ownership.
Defended for profit education company in large scale investigation by the Federal Trade Commission.
Defended company in high stakes litigation involving CERCLA liability.
Defended consumer food product company in trademark dispute.
Drafted large comprehensive report on behalf of State Agency executing legislative mandate to recommend various potential avenues for future ownership, management, or reformation of large public utility.
Defended Fortune 20 payment solutions company in contract dispute before the Tenth Circuit Court of Appeals
Pro Bono Matters
Defended family claiming violations of religious liberty against homeowner’s association in appeal before the Ninth Circuit Court of Appeals.
Developed and briefed a successful legal strategy on behalf of a pro bono client before the Colorado Supreme Court, allowing the client to continue to operate a halfway house for at-risk individuals.
Drafted amicus brief in the United States Supreme Court on behalf of a law enforcement association urging preservation of historical religious symbols.
Confidential Advising
Advised numerous entities and companies in a pre-suit posture.
Education
J.D., Duke University School of Law, 2008, honors
Advocacy Award for excellence in Appellate Advocacy
Co-Chair of the Moot Court Board
B.A., Dartmouth College, cum laude
Clerkships
Colorado Supreme Court – Justice Allison H. Eid
Tenth Circuit Court of Appeals – Judge Neil M. Gorsuch
United States Supreme Court – Justice Clarence Thomas