Appellate
Experience
Jackson Walker’s appellate team includes top-rated lawyers with exceptional depth and breadth of knowledge of this area of law, obtained from years spent in private practice, the judiciary, and government service. This unique experience provides a deep understanding of the appellate process and the nuances of each court, allowing our attorneys to effectively advocate for clients before all appellate courts.
Beyond their considerable experience in the courtroom, our attorneys hold prominent positions in organizations that impact the practice of law, including the Texas Supreme Court Rules Committee, the Board of Disciplinary Appeals, and the Texas Judicial Council. Notably, one attorney served on the Texas Commission on Judicial Selection in 2019 to address judicial selection reform in the state.
Trusted Counsel
Our appellate lawyers have substantial and successful experience appearing before state and federal courts in significant appeals that often involve novel issues of law. In fact, our team includes a former appellate justice, former high-level government appellate lawyers, and former federal and state appellate and district court clerks and briefing attorneys.
We also recognize that appellate law is not limited to handling cases on appeal. Rather, working closely with trial counsel, our appellate team provides careful legal analysis, strategy, and issue identification in order to craft and preserve the most persuasive legal arguments at every stage of a litigation matter.
Our appellate team has represented clients before the Texas Supreme Court, all intermediate appellate courts of Texas, the United States Supreme Court, and federal circuit courts. These appeals have involved wide-ranging substantive areas, including bet-the-company, contract and statutory interpretation, constitutional issues, administrative law issues, employment law, healthcare law, anti-SLAPP provisions, insurance disputes, condemnation and eminent domain, arbitration agreements, and class actions.
The quality and depth of our appellate practice has received national recognition from a number of sources. Since 2020, Jackson Walker has been ranked among the top firms nationwide for our appellate practice in Best Law Firms® by Best Lawyers, with the team ranking Tier 1 nationally in 2024. The firm also received Tier 1 metropolitan rankings in Austin, Dallas/Fort Worth, and Houston for Appellate Practice in the 2024 edition. Our attorneys have been recognized in national and global legal guides and directories, including:
- Appellate Chair Jennifer Caughey has been recognized in the Chambers USA Guide for Litigation: Appellate since 2021.
- The Best Lawyers in America consistently recognizes several Jackson Walker attorneys in the area of Appellate Practice, with 17 attorneys recognized in the 2024 edition.
- Super Lawyers by Thomson Reuters has listed our attorneys among “Texas Super Lawyers” and “Texas Rising Stars” for Appellate since 2016.
- Lawdragon recognized Jennifer Caughey in its 2023 list of the 500 leading litigators in America in the Appellate area.
Early Preparation
Our appellate lawyers get involved in litigation early and are often called upon to plan, research, draft, review, and argue critical pretrial motions, such as motions to dismiss, motions for summary judgment, and motions related to expert testimony. We also regularly assist our trial attorneys at trial in preparing motions for instructed verdict, motions for judgment as a matter of law, jury charges, and post-verdict motions in anticipation of litigating a successful appeal.
Emergency Litigation
Our appellate lawyers are frequently called upon to resist or initiate original proceedings, including petitions for writs of mandamus, prohibition, injunction, and habeas corpus. Our wealth of experience enables us to provide swift, accurate, and persuasive briefing on short timetables.
Texas Supreme Court
- EnVen Energy Corp. v. Dunwoody, No. 23-0336 (2023, pet. pending). Handling a high-stakes appeal that has involved issues related to trial procedure amid the COVID-19 pandemic.
- Hidalgo County Water Improvement District No. 3 v. Hidalgo County Irrigation District No. 1, No. 21-0507 (2023). Successfully argued that common law immunity does not apply as a defense to condemnation, reversing the court of appeals’ departure from first principles of law and a century of settled precedent.
- Helena Chemical Company v. Cox et al., No. 20-0881 (2023). Secured a unanimous decision to reinstate summary judgement in a crop damage suit. This appeal addressed critical issues of causation and expert testimony and set important precedent.
- James Frederick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc., No. 20-0393 (2022). The Court affirmed an intermediate appellate court ruling that Texas Central has eminent domain authority for a high-speed rail project.
- TCEQ and Dos Repúblicas Coal Partnership v. Maverick County, No. 19-1108 (2022). The Court established critical precedent on administrative law principles—including what deference is owed to agencies, and what the substantial evidence standard entails—as well as on the faithful application of the law.
- Mo-Vac Service Co. v. Escobedo, No. 18-0852 (2020). Addressing complex workers compensation questions, the Court reversed in favor of the position urged by amicus curiae clients.
- Community Health Systems Professional Services Corp. v. Hansen, No. 14-1033 (2017). Provides important protection for professionals rendering advice or consulting services from suits seeking damages for claims of illegal interference with a contract.
- Boerjan v. Rodriquez, 436 S.W.3d 307 (2014). Addressing an important question of landowner liability in the context of illegal smuggling operations, the Court reversed in favor of the position urged by amicus curiae mining client.
- Venture Cotton Cooperative v. Freeman, 435 S.W.3d 222 (2014). Successfully upheld an arbitration agreement against challenge of unconscionability.
- Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192 (Tex. 2010). Successfully overturned a lower court order holding that Congress validly abrogated the State’s sovereign immunity in the “self care” provision of the Family and Medical Leave Act.
Texas Appellate Decisions
- Alexander, et al. v. The Woodlands Land Development Company, L.P., No. 4:18-CV-02291 (Texas Southern, ongoing). Handling a high-stakes appeal brought by over 500 plaintiff homeowners resulting from Hurricane Harvey.
- MediaOne, LLC d/b/a The Monitor and Aim Media Texas Operating, LLC d/b/a The Monitor v. Rodney Allan Henderson, No. 12-19-00212-CV (Tex. App. [12th Dist.], pet. granted). Concerning important principles for Texas anti-SLAPP law.
- Ryan LLC v. USA Today aka Gannett Co., Inc, et al, No. 09-23-00140-CV (Tex. App. [9th Dist.] 2023). Court conditionally granted USA Today’s petition for writ of mandamus in a defamation and fraud lawsuit.
- Title Source, Inc., Reporters Committee for Freedom of the Press, and Houston Forward Times v. HouseCanary, Inc. f/k/a Canary Analytics, Inc., No. 04-21-00584-CV (Tex. App. – San Antonio 2023, pet. denied). Reversed a trial court’s sealing order and rendered judgment denying an amended motion to seal trial exhibits that contain alleged trade secrets.
- Burke, et. al. v. Houston PT BAC Office Limited Partnership, No. 01-21-00288-CV (Tex. App. [1st Dist.] 2023). Concerning arbitration award in an appeal related to rent and long-term lease of real property.
- Muller v. Stewart Title Guar. Co., 525 S.W.3d 859 (Tex. App.—Houston [14th Dist.] 2017). Affirmed summary judgment for client in a breach of contract and breach of fiduciary duty case related to a canceled real estate deal in Mexico.
- Dallas Morning News, Inc. v. Mapp, 05-14-00848-CV, 2015 WL 3932868 (Tex. App.—Dallas 2015, no. pet.) (mem. op.). Libel suit by unsuccessful U.S. Senate candidate, complaining of newspaper editorial that stated his immigration position as a “shoot on sight” policy, dismissed under Texas anti-SLAPP statute.
- Shipp v. Malouf, 439 S.W.3d 432 (Tex. App.—Dallas 2014, pet. denied). Texas dentist was not defamed by false allegation of bankruptcy in news broadcast that accurately reported official accusations of massive Medicaid fraud against the dentist; therefore, anti-SLAPP dismissal should be granted.
- Mayfield v. Fullhart, 444 S.W.3d 222 (Tex. App.—Houston [14th Dist.] 2014, pet. denied). In a case of first impression for Texas state appellate courts, the Court found that the single-publication rule applies to news media reports posted on the internet.
- Man Indus. (India), Ltd. v. Midcontinent Express Pipeline, LLC, 407 S.W.3d 342 (Tex. App.—Houston [14th Dist.] 2013, pet. denied). Affirmed $1 million judgment in favor of pipe broker client in breach-of-contract and fiduciary duty case.
- Avila v. Larrea, 394 S.W.3d 646 (Tex. App.—Dallas 2012, pet. denied). In a case of first impression, reversed trial court’s order and dismissed defamation claims against media clients under Texas’ new anti-SLAPP statute.
- Leach v. Tex. Tech. Univ. , 335 S.W.3d 386 (Tex. App.—Amarillo 2011, pet. denied). Overturned a trial court ruling that would have allowed terminated head football coach Mike Leach to seek more than $10 million in breach-of-contract damages from Texas Tech University.
United States Supreme Court
- West Virginia v. EPA, No. 20-1530 (2022). Submitted amicus briefs on behalf of petitioners arguing EPA lacked authority without “clear congressional authorization.”
- Cope v. Coleman County, et al., No. 21-783 (2022, pet. denied). Upholds a Fifth Circuit ruling entitling officers to qualified immunity.
- Storman’s Inc. v. Wiesman, No. 15-862 (2016, pet. denied). Submitted an amicus brief on behalf of 43 members of Congress in support of Petitioners and arguing that there is a uniform consensus in both the states and federal government that the conscience rights of healthcare professionals are entitled to protection.
- Thomas v. Lynch, No. 15-889 (2016, pet. denied). Submitted an amicus brief on behalf of members of Congress in support of petitioner and arguing that the Court should grant the Petition to clarify the scope and meaning of the Citizenship Clause of the U.S. Constitution.
- Coleman v. Maryland Court of Appeals, 132 S.Ct. 1327 (2012). Submitted an amicus brief on behalf of Texas and 25 other states, successfully arguing an important sovereign immunity issue, and that was cited and quoted by the Court.
- Medellin v. Texas, 552 U.S. 491 (2008). Successfully defended Texas and won a landmark decision that the World Court cannot bind the U.S. justice system, and the President of the United States cannot order state courts to obey the World Court.
- Dist. of Columbia v. Heller, 554 U.S. 570 (2008). Submitted an amicus brief on behalf of 31 states successfully defending the Second Amendment right to keep and bear arms.
- Baze v. Rees, 553 U.S. 35 (2008). Submitted amicus brief for 20 states successfully defending the constitutional validity of Kentucky’s lethal injection protocol against Eighth Amendment challenge.
- Johanns v. Livestock Mktg. Ass’n, 544 U.S. 550 (2005). Submitted successful amicus brief on behalf of 48 cattle and agricultural associations in a landmark First Amendment case.
Federal Courts of Appeal
- In re: Western States Wholesale Natural Gas Antitrust Litigation, No. 22-3279 (7th Cir. 2023, pending). Argued on behalf of the joint defense/appellate group in a precedent-setting class action certification appeal.
- Loeb v. Mako, L.L.C. d/b/a Padua Realty Company, No. 22-20362 (5th Cir. 2023). The Court denied rehearing en banc, setting critical precedent as to licensing, contracts, and copyright law.
- Flight Training International v. FAA, No. 20-60676 (5th Cir. 2023). The Court set aside an FAA order that did not go through the notice-and-comment process as required by the Administrative Procedure Act.
- Cooper Drum Cooperating Parties Group v. Angeles Chemical Co. Inc., et al., No. 2:19-CV-03007 (9th Cir. 2023). Obtained a unanimous victory preserving an $18 million default judgment in a dispute arising out of environmental clean-up work.
- Burback et al. v. Oblon et al., No. 22-40609 (5th Cir. 2023). Affirmed dismissal with prejudice of a ruling that six asserted counts were insufficiently pled, implausible as to the corporate clients, and were time-barred by the statute of limitations.
- In re: Lehman Brothers Holdings Inc., 970 F.3d 91 (2d Cir. 2020). Affirmed dismissal of client and other noteholders, denying a $1 billion clawback effort by Lehman Brothers Special Financing Inc.
- Pacific Premier Bank v. Chetna Hira, No. 18-10611 (5th Cir. 2019). Affirmed summary judgment of over $1.27 million plus attorneys’ fees in a breach-of-guaranty action.
- Wuhan Keda Marble Co., Ltd. v. Tenax S.P.A., No. 2018-1900 (Fed. Cir. 2019). The Court summarily affirmed the Trademark Trial and Appeal Board’s findings in favor of client, granting a total victory.
- Stokes v. Southwest Airlines, No. 17-10760 (5th Cir. 2018). The Court held that the Air Carrier Access Act of 1986 does not confer a private right of action for disability discrimination against an air carrier, overruling its own 30-year precedent.
- Simone Kelly-Brown et al. v. Oprah Winfrey et al., No. 15-697 (2d Cir. 2016). Affirmed summary judgment in favor of clients in a trademark appeal over the use of the phrase “Own Your Power.”
- In re Deepwater Horizon, 784 F.3d 1019 (5th Cir. 2015). Affirmed dismissal of Mexican States’ claims for pollution-related damages from the Macondo Oil spill as barred by the Robins Dry Dock rule.
- In re Deepwater Horizon, 745 F.3d 157 (5th Cir. 2014). Affirmed dismissal of claims brought by local governmental entities as preempted.
- In re W. Feliciana Acquisition, L.L.C., 744 F.3d 352 (5th Cir. 2014). Affirmed trial court’s grant of summary judgment and holding that a claim for lost profits or consequential damages was not covered by a lender’s policy of title insurance.
- McLane Foodservice, Inc. v. Table Rock Rests., L.L.C., 736 F.3d 375 (5th Cir. 2014). Affirmed the trial court’s interpretation of a guaranty agreement that client was not liable for over $700,000 in claimed damages.
- Whitley v. Hanna, 726 F.3d 631 (5th Cir. 2013). Affirmed the client’s motion to dismiss in § 1983 action brought by sexual abuse victim against state officers involved in investigation and arrest of sexual offender.
- Asgeirsson v. Abbott, 696 F.3d 454 (5th Cir. 2012). Successfully defended the constitutional validity of a core provision of the Texas Open Meetings Act, defeating a First Amendment challenge brought by a group of Texas municipal officers.
- Texas v. U.S. EPA, 690 F.3d. 670 (5th Cir. 2012). Overturned EPA’s disapproval of Texas’ Flexible Permit Rule as arbitrary and capricious under the Clean Air Act.
- M.D. ex rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012). Successfully overturned a federal district court order certifying an injunctive class comprised of children in Texas’ permanent managing conservatorship.
- Iovate Health Science, Inc. v. BSN, Inc. and Medical Research Institute, 92 U.S.P.Q. 2d 1672 (Fed. Cir. 2009). Affirmed summary judgment finding that advertisements in a fitness magazine constituted an anticipatory prior printed publication that invalidated the pertinent claims of the patent in suit.
September 17, 2024
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2024
Jackson Walker proudly announces the selection of 71 attorneys to Thomson Reuters’ 2024 “Texas Super Lawyers” list.
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.
August 15, 2024
Attorney News
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
June 6, 2024
Spotlight
Chambers and Partners Releases 2024 USA Guide Featuring 67 Jackson Walker Attorneys and 23 Ranked Departments
Jackson Walker is pleased to announce that Chambers and Partners has selected 67 attorneys and 23 departments for inclusion in the 2024 edition of the Global and USA guides. Attorneys were ranked across 27 departments, with 3 attorneys listed among multiple areas, 8 ranked nationwide in their respective areas, and 15 recognized for the first time.
January 11, 2024
Attorney News
Super Lawyers Names 31 Jackson Walker Attorneys in Texas Top Women 2024 Magazine
Jackson Walker congratulates the 31 attorneys who were included in the Texas Top Women 2024 Magazine published by Thomson Reuters’ Super Lawyers. The annual Texas Top Texas Women edition includes the highest-rated women attorneys across the “Texas Rising Stars” and “Texas Super Lawyers” lists in a given practice area.
November 2, 2023
Spotlight
Jackson Walker Earns 25 National and 134 Metro Rankings in 2024 Edition of “Best Law Firms”
Jackson Walker proudly announces the firm’s inclusion in the 2024 edition of Best Law Firms® by Best Lawyers. This year, Jackson Walker observed notable improvements in the national rankings, including the rise of Appellate Practice to Tier 1, Banking and Finance Law and Litigation – Labor and Employment to Tier 2, and the addition of Energy Law and Environmental Law in Tier 3.
October 3, 2023
Attorney News
Ali Andrews Expands Jackson Walker’s Tax Practice in Austin
Jackson Walker is pleased to announce the addition of Ali Andrews as senior counsel in the Austin Tax practice. Joining from an international firm, Ali concentrates her practice on handling state and local tax disputes, state tax audits, unemployment tax matters, equal taxation, multi-state tax planning, and other administrative law matters.
June 1, 2023
Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2023 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 51 attorneys and 17 departments for inclusion in the 2023 edition of the Global and USA guides. Attorneys recognized in the guides were ranked in 19 practice areas, with 4 attorneys listed among multiple areas and 6 named among the top attorneys nationwide in their respective areas.