Biography
Jennifer Caughey is a former Justice on Texas’s First Court of Appeals and current chair of Jackson Walker’s appellate section. Justice Caughey leverages her diverse experience on both sides of the bench to litigate complex cases at the appellate and trial levels.
Justice Caughey represents clients in complex matters in state and federal courts. She handles high-stakes commercial litigation, with a focus on appeals. She has particular expertise in issues involving statutory and contractual interpretation, constitutional law, healthcare, insurance, energy, administrative law, and professional liability.
She has an active and vibrant practice. Clients trust her to handle their high-stakes, bet-the-company appeals. And she does so with great success. On the state level, she represents or has successfully represented clients in major matters across Texas, including at the Texas Supreme Court, in various Texas Courts of Appeals, and in trial courts. For instance, in the past year, she won important appeals at the Texas Supreme Court concerning administrative law principles, interpretation of statutory text, and eminent domain; she also convinced the Court to progress and grant petitions on appeals that are moving through the system.
Her federal practice is equally notable. She represents or has successfully represented clients in federal courts, including handling appeals in the U.S. Court of Appeals for the First, Fifth, Sixth, Seventh, Ninth, and Tenth Circuits, as well as matters in federal district courts and at the U.S. Supreme Court. For example, she recently won major appeals in the Fifth, Ninth, and Tenth Circuits concerning diverse areas of law and hundreds of millions of dollars.
As a Justice on Texas’s First Court of Appeals, Jennifer handled a broad docket of civil and criminal appeals from Harris County and nine surrounding counties. Justice Caughey authored more than 125 opinions (half signed, half per curiam) spanning questions of civil, criminal, family, and probate law. She actively contributed to 454 cases.
Justice Caughey earned her degrees from Princeton University and Harvard Law School. After law school, she clerked for the Honorable Timothy M. Tymkovich, Chief Judge of the U.S. Court of Appeals for the Tenth Circuit, and Justice Robert J. Cordy of the Massachusetts Supreme Judicial Court.
Before serving on the bench, Justice Caughey spent years developing a sophisticated appellate and trial practice at nationally renowned litigation firms.
Education
A.B., Princeton University
- Phi Beta Kappa
J.D., Harvard Law School
- Executive Editor, Harvard Journal of Law & Public Policy
- Board of Student Advisors, Legal Research and Writing Instructor
Bar Admissions
Texas
New York
District of Columbia
Court Admissions
U.S. District Court for the Eastern, Southern, and Western Districts of Texas
U.S. Court of Appeals for the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as the U.S. Supreme Court
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.
Ninth Circuit Upholds $18M Default Judgment for Energy Client
November 8, 2022
December 6, 2022
Client ResultsJackson Walker Secures Texas Supreme Court Grant of Petition to Review Eminent Domain Dispute Between Hidalgo County Water Districts
The Supreme Court of Texas granted Jackson Walker client Hidalgo County Water Improvement District No. 3’s petition for review on an important eminent domain appeal, which addresses what happens when one condemning authority seeks to use another public entity’s land. The Court is set to hear oral argument in this case on January 12, 2023.
November 17, 2022
NewslettersJW Diversity & Inclusion Newsletter – November 2022
View Jackson Walker’s November 2022 Diversity & Inclusion Newsletter, Perspectives.
November 8, 2022
Client ResultsNinth Circuit Upholds $18M Default Judgment for Energy Client
Jennifer Caughey and Peter Hansen, along with Chris Thompson and Dan Vineyard, obtained a unanimous appellate victory in the Ninth Circuit Court of Appeals. That victory preserves an $18 million default judgment.
October 7, 2022
Attorney NewsJackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.
September 21, 2022
Attorney NewsJackson Walker Congratulates Its 64 “Texas Super Lawyers” of 2022
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 6, 2022
Attorney NewsJennifer Caughey Appointed to Texas Board of Disciplinary Appeals
Jennifer Caughey was appointed by the Texas Supreme Court to a three-year term on the Board of Disciplinary Appeals (BODA). Jennifer will bring to BODA the perspective of both an appellate attorney and a former Justice on the First Court of Appeals.
August 18, 2022
Attorney News‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
August 1, 2022
NewslettersJW Diversity & Inclusion Newsletter – August 2022
View Jackson Walker’s August 2022 Diversity & Inclusion Newsletter, Perspectives.
July 6, 2022
InsightsU.S. Supreme Court Endorses Major Questions Doctrine as Interpretive Canon in EPA Ruling
By Michael Nasi, Jennifer Caughey, Taylor Holcomb, & Cody Vaughn
The United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use of coal.” Citing the “major questions doctrine,” the Court explained that a Congressional delegation of “unprecedented power” requires a clear statement that is simply not present in the Clean Air Act.
June 24, 2022
Client ResultsPaving the Way for High-Speed Rail, Texas Supreme Court Rules in Favor Of Jackson Walker Client Texas Central, Agreeing that Texas Central Has Eminent Domain Authority
In a 5-3 decision on June 24, 2022, the Texas Supreme Court ruled that Texas Central Railroad & Infrastructure Inc. has eminent domain authority, greenlighting its proposed high-speed rail project.
- Recognized by Chambers USA: America’s Leading Lawyers for Business for Litigation: Appellate – Texas, 2021-2022
- Under Jennifer’s leadership, the JW appellate department was recognized nationally by US News in its 2020 Best Firms Rating
- The Best Lawyers in America (Woodward/White Inc.), Appellate Practice, 2022-2023
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2021-2022
- Lawdragon 500 Leading Litigators in America, 2022
- Texas Rising Star – Appellate Law, Super Lawyers – Rising Stars by Thomson Reuters, 2015-2017, 2020, 2021
- Texas Bar Foundation, Fellow
- Houston Bar Foundation, Fellow
- Serves on the Board of Disciplinary Appeals, 2022-2025
- Serves on the Texas Judicial Council, 2021-2027
- Texas Bar Association, Appellate Section, Committee Chair
- Houston Bar Association, Appellate Section, Judicial Liaison, 2017-2018
- Choice of lawyers who participated in the Houston Bar Association’s Judicial Preference Poll, 2018
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)