Jennifer In Action

Texas

• Examples of Texas Supreme Court recent successes:
  • Successfully appealed and overturned errant court of appeals opinion addressing critical questions of administrative law and textual interpretation. We first convinced the court to grant our Petition for Review, then prevailed in full on the merits—with a unanimous opinion issued just a few months after Jennifer’s argument. This case set critical precedent for Texas.
  • Successfully represented client in high-stakes appeal to Texas Supreme Court concerning contract interpretation. Secured complete appellate victory.
  • Successfully represented client at Texas Supreme Court concerning trial procedure and Covid issues. Secured victory: Court stayed trial as requested.
  • Successfully represented client in Texas Supreme Court statutory-interpretation appeal of en banc Court of Appeals decision; appeal resolved favorably while pending.
  • Successfully represented client in complex appeal concerning defamation, the First Amendment, and statutory interpretation.
  • Successfully represented amici in Texas Supreme Court concerning important workers compensation question; obtained victory.
• Examples of Texas Supreme Court appeals in pending cases:
  • Represents client in Texas Supreme Court on widely applicable contract and tort questions. Case is in the merits briefing stage.
  • Represents Texas Central Railroad & Infrastructure and Integrated Texas Logistics in high speed rail, major appeal in the Texas Supreme Court. The appeal has been fully briefed.
  • Represents client in Texas Supreme Court on important questions concerning expert requirements and negligence; we are currently seeking review.
  • Represents clients in various mandamus proceedings before appellate courts and the Texas Supreme Court, including two recent Texas Supreme Court mandamus proceedings.
  • Represents amici in various Texas Supreme Court matters.
• Examples of recent Texas intermediate appellate court matters:
  • Successfully represented major insurance company in intermediate appellate court.
  • Successfully represented rail company in major appeal in court of appeals concerning statutory interpretation and eminent domain principles.
  • Successfully represented client in Texas intermediate appellate court in complex appeal concerning defamation, the First Amendment, and statutory interpretation.
  • Obtained en banc intermediate appellate court review of major statutory interpretation question; case resolved favorably.
  • Representing Targa in high-value contract interpretation appeal to intermediate court of appeals.
  • Representing midstream company in high-stakes appeal to court of appeals.
  • Representing client in appeal concerning complex questions of nuisance and injunction law.
• Examples of trial work:
  • Currently represents (as appellate counsel) major company in trial court; 3-week jury trial is now complete, and Jennifer will handle posttrial work and the appeal.
  • Served as appellate counsel in many week Texas trial and successfully obtained take nothing verdict for defense through jury charge strategy.

U.S.

• First Circuit:
  • Represented client in appeal in the US Court of Appeals to the First Circuit; appeal concerns agency deference and complex federal questions.
• Fifth Circuit:
  • Successfully challenged agency order on appeal to US Court of Appeals for the Fifth Circuit; agency ultimately withdrew its order in full.
  • Successfully represented client in appeal to the U.S. Court of Appeals for the Fifth Circuit raising issues concerning statutory interpretation and jurisdiction.
  • Currently representing client in administrative appeal involving questions of textual interpretation and deference.
• Sixth Circuit:
  • Represents client on appeal concerning questions of the scope and interpretation of arbitration agreements; appeal is expected to have broad effect across industry.
• Ninth Circuit:
  • Successfully represented major joint defense group in complex CERCLA appeal to the US Court of Appeals for the Ninth Circuit. Case resolved favorably while appeal was pending, on the eve of argument.
  • Represents client in United States Court of Appeals for the Ninth Circuit on questions concerning procedure.
• Tenth Circuit:
  • Successfully convinced U.S. Court of Appeals for the Tenth Circuit to hear permissive appeal in major $100+ million case.
  • Successfully handled merits appeal of 20-year, high-stakes case, prevailing on argument that damages sought by Plaintiff were no longer available, so Plaintiff could not recover the damages sought. This appellate defense victory eliminated more than $400M in damages; it also set critical precedent.

Example opinions written by Justice Jennifer Caughey when she served as a Justice on Texas’s First Court of Appeals include:

• Texas Educ. Agency v. S.E.H., 571 S.W.3d 372 (Tex. App.—Houston [1st Dist.] 2018)
• Turner v. Left Gate Prop. Holdings, LLC, No. 01-17-00560-CV, 2018 WL 6205811 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018)
• Phuthavong v. State, No. 01-17-00420-CR, 2018 WL 6215992 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018)
• Vasquez v. State, No. 01-17-00597-CR, 2018 WL 6216025 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018)
• Moton v. State, No. 01-17-00572-CR, 2018 WL 6205835 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018)
• Kenyon Int’l Emergency Servs., Inc. v. Starr Indemnity & Liab. Co., No. 01-17-00386-CV, 2018 WL 6241461 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018)
• West v. State, No. 01-17-00933-CR, 2018 WL 6175115 (Tex. App.—Houston [1st Dist.] Nov. 27, 2018)
• Dept. of Public Safety v. Marshall, 570 S.W.3d 315 (Tex. App—Houston [1st Dist.] 2018)
• Cantu v. State, No. 01-17-00749-CR, 2018 WL 6175315 (Tex. App.—Houston [1st Dist.] Nov. 27, 2018)
• Singletary v. State, No. 01-17-00241-CR, No. 01-17-00242-CR, 2018 WL 6175308 (Tex. App.—Houston [1st Dist.] Nov. 27, 2018)
• IPFS Corp. v. Lopez, No. 01-18-00145-CV, 2018 WL 6175119 (Tex. App.—Houston [1st Dist.] Nov. 27, 2018)
• Bell v. State, 569 S.W.3d 241 (Tex. App.—Houston [1st Dist.] 2018)
• In re J.D.R.G., No. 01-18-00469-CV, 2018 WL 6175321 (Tex. App.—Houston [1st Dist.] Nov. 27, 2018)
• Turner v. State, No. 01-17-00563-CR, 2018 WL 5986440 (Tex. App.—Houston [1st Dist.] Nov. 15, 2018)
• Gandy v. Flores, No. 01-17-00440-CV, 2018 WL 5289133 (Tex. App.—Houston [1st Dist.] Oct. 25, 2018)
• Machetta v. Millard, No. 01-17-00857-CV, 2018 WL 5289336 (Tex. App.—Houston [1st Dist.] Oct. 25, 2018)
• Porter-Garcia v. Travis Law Firm, P.C., 564 S.W.3d 75 (Tex. App.—Houston [1st Dist.] 2018)
• Young v. State, 563 S.W.3d 325 (Tex. App.—Houston [1st Dist.] 2018)
• Karimi v. State, No. 01-17-00536-CR, 2018 WL 3733008 (Tex. App.—Houston [1st Dist.] Aug. 7, 2018)
• Brazoria Drainage Dist. No. 4 v. Matties, No. 01-17-00422-CV, 2018 WL 3468531 (Tex. App.—Houston [1st Dist.] July 19, 2018)
• Zoanni v. Hogan, 555 S.W.3d 321 (Tex. App.—Houston [1st Dist.] July 19, 2018)
• Dortch v. Boxer Prop. Mgmt. Corp., No. 01-17-00148-CV, 2018 WL 3431733 (Tex. App.—Houston [1st Dist.] July 17, 2018)
• Hotze v. Hotze, No. 01-18-00039-CV, 2018 WL 3431587 (Tex. App.—Houston [1st Dist.] July 17, 2018)
• Kenyon Int’l Emergency Servs., Inc. v. Starr Indemnity & Liab. Co., No 01-17-00386-CV, 2018 WL 3431853 (Tex. App.—Houston [1st Dist.] July 17, 2018)
• Gore Family Ltd. P’ship, Ltd. v. Gore, No. 01-17-00165-CV, 2018 WL 3384554 (Tex. App.—Houston [1st Dist.] July 12, 2018)
• Cook v. Broussard, No. 01-17-00943-CV, 2018 WL 3384638 (Tex. App.—Houston [1st Dist.] July 12, 2018)
• Coleman v. State, No. 01-16-00252-CR, 2018 WL 3384545 (Tex. App.—Houston [1st Dist.] July 12, 2018)
• Donley v. Payne, No. 01-17-00451-CV, 2018 WL 3384561 (Tex. App.—Houston [1st Dist.] July 12, 2018)
• Urquhart v. Calkins, No. 01-17-00256-CV, 2018 WL 3352919 (Tex. App.—Houston [1st Dist.] July 10, 2018)
• Shaw v. Harris Cty. Guardianship Program, No. 01-17-00214-CV, 2018 WL 3233237 (Tex. App.—Houston [1st Dist.] July 3, 2018)
• In re J.I.G., No. 01-18-00023-CV, 2018 WL 3233874 (Tex. App.—Houston [1st Dist.] July 3, 2018)
• Molina v. State, No. 01-17-00075-CR, 2018 WL 3150419 (Tex. App.—Houston [1st Dist.] June 28, 2018)
• Raiden Commodities, LP v. De Man, No. 010-00181-CV, 2018 WL 3151004 (Tex. App.—Houston [1st Dist.] June 28, 2018)
• Martinez v. State, No. 01-17-00297-CR, 2018 WL 3059786 (Tex. App.—Houston [1st Dist.] June 21, 2018)
• Iasis Healthcare Corp. v. Pean, No. 01-17-00638-CV, 2018 WL 3059789 (Tex. App.—Houston [1st Dist.] June 21, 2018)
• Ullico Cas. Co. v. Pelco Constr. Co., Inc., No. 01-17-00034-CV, 2018 WL 2976109 (Tex. App.—Houston [1st Dist.] June 14, 2018)
• Paschall v. State, No. 01-17-00217-CR, 2018 WL 2976120 (Tex. App.—Houston [1st Dist.] June 14, 2018)
• Suza v. State, No. 01-17-00116-CR, 2018 WL 2976112 (Tex. App.—Houston [1st Dist.] June 14, 2018)
• Ybarra v. Ameripro Funding, Inc., No. 01-17-00224-CV, 2018 WL 2976126 (Tex. App.—Houston [1st Dist.] June 14, 2018)
• Lopez v. State, No. 01-17-00319-CR, 2018 WL 2925884 (Tex. App.—Houston [1st Dist.] June 12, 2018)
• In re J.V.B., No. 01-17-00958-CV, 2018 WL 2727732 (Tex. App.—Houston [1st Dist.] June 7, 2018)
• Castello v. State, 555 S.W.3d 612 (Tex. App.—Houston [1st Dist.] 2018)
• Alanis v. State, No. 01-16-00797-CR, 2018 WL 2643099 (Tex. App.—Houston [1st Dist.] June 5, 2018)
• Simpson v. State, 548 S.W.3d 708 (Tex. App.—Houston [1st Dist.] 2018)
• Joyner v. State, 548 S.W.3d 731 (Tex. App.—Houston [1st Dist.] 2018)
• Perilla-Vargas v. Baylor Coll. of Med., No. 01-17-00018-CV, 2018 WL 1720667 (Tex. App.—Houston [1st Dist.] Apr. 10, 2018)
• Bertrand v. Holland, No. 01-16-00946-CV, 2018 WL 1720742 (Tex. App.—Houston [1st Dist.] Apr. 10, 2018)
• In re Commitment of Hood, No. 01-16-00866-CV, 2018 WL 1633330 (Tex. App.—Houston [1st Dist.] Apr. 5, 2018)
• Rodriguez v. State, 546 S.W.3d 843 (Tex. App.—Houston [1st Dist.] 2018)
• In re C.R., No. 01-17-00725-CV, 2018 WL 1161810 (Tex. App.—Houston [1st Dist.] Mar. 6, 2018)
• Kyle v. Hillery, No. 01-16-01000-CV, 2018 Wl 1003807 (Tex. App.—Houston [1st Dist.] Feb. 22, 2018)
• Mitchell v. State, 546 S.W.3d 780 (Tex. App.—Houston [1st Dist.] 2018)
• Garcia v. State, No. 01-17-00171-CR, 2018 WL 827452 (Tex. App.—Houston [1st Dist.] Feb. 13, 2018)
• Villalpando v. State, No. 01-16-00593-CR, 2018 WL 708534 (Tex. App.—Houston [1st Dist.] Feb. 6, 2018)
• Roadmasters Transport Co., LLC v. Saens, No. 01-16-00813-CV, 2018 WL 650291 (Tex. App.—Houston [1st Dist.] Feb. 1, 2018)
• Robinson v. State, No. 01-16-00565-CR, 2018 WL 454751 (Tex. App.—Houston [1st Dist.] Jan. 18, 2018)
• Longoria v. State, No. 01-16-00689-CR, 2018 WL 327107 (Tex. App.—Houston [1st Dist.] Jan. 9, 2018)
• Nguyen v. State, No. 01-16-00941-CR, 2017 WL 6519910 (Tex. App.—Houston [1st Dist.] Dec. 21, 2017)
• Porter v. State, 540 S.W.3d 178 (Tex. App.—Houston [1st Dist.] 2017)