Jessica Barger

Practice Areas

Jessica Zavadil Barger is named partner in Wright Close & Barger. She is a highly sought-after appellate specialist, appearing at trial to preservation, and briefing and arguing cases in various Texas appellate courts, as well as in appellate courts in several other states, including Texas, Oregon, Mississippi, Colorado, and Ohio. She has saved her clients millions in judgments reduced or eliminated through her appellate advocacy. In recognition of her experience and insights, the Texas Supreme Court appointed her to the Texas Board of Disciplinary Appeals, an administrative body that reviews disciplinary actions against lawyers. In addition to being named among the “Texas Super Lawyers” by Thomson Reuters, Ms. Barger has been named one of the “Best Lawyers in America” for appellate law and one of the top 100 female lawyers in appellate law by Texas Lawyer magazine. She also is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and served as a staff attorney on the Fourteenth Court of Appeals in Houston where she assisted in the drafting of opinions concerning a wide variety of complex civil and criminal appeals and original proceedings.

Some of Ms. Barger’s wins over the last few years include:

Alonzo v. John, ____ S.W.3d ___ (Tex. 2024), in which the Supreme Court of Texas reversed a large judgment in a case in which the opposing counsel made a race-based argument to the jury. The court was very harsh in dealing with that improper argument, which “struck at the heart of the jury trial system, was designed to turn the jury against opposing counsel and his clients and was incurable.” The Court also reconfirmed that claimants cannot try to anchor their non-economic damage claims to artwork, jet aircraft, or other irrelevant comparators. “In this case, plaintiffs’ counsel’s comparisons to a van Gogh painting worth $90 million, multi-million-dollar athlete and CEO salaries, and the value of New Prime’s trucking fleet and warehouses are of the same ilk as those disapproved in Chohan (a previous case handled by the Firm).

4Front Engineered Sols., Inc. v. Rosales, 505 S.W.3d 905, 912 (Tex. 2016), where the Court held that a property owner who loaned a forklift to a contractor was not liable under a variety of theories presented, solidifying the limited circumstances in which a landowner can be liable.

Ms. Barger has led the challenge by writ of mandamus to a variety of trial court orders that could not be remedied on appeal – ordering discovery outside the bounds of relevance or without any protection of confidential information, refusing to require claimants claiming psychological damages to submit to an independent medical examination, striking designations of responsible third parties, and other orders that so adversely affect the conduct of a trial that it would likely be a waste of time.

Ms. Barger has attended over 150 trials as appellate counsel, and in so doing has preserved appellate issues by making timely objections to evidentiary rulings, challenges to potential jurors, and skillfully handling the complex procedure for objecting to the court’s charge to the jury. Her expertise in the appellate-type work in the trial courts has laid the foundation for scores of appeals in those cases where the trial co-counsel did not obtain a favorable jury verdict.

Ms. Barger has been lead counsel on the briefs in at least 100 appeals in the appellate courts of Texas and in several other states.

The most important thing to know about Jessica is what her clients think. Here is a small sample:

“Texas is a unique state and litigation is no exception.  Jessica Barger is an elite attorney who specializes in appellate work, which in Texas begins when the case is filed. Jessica Barger is our bet-the-company appellate expert and one of the first lawyers we call when we receive notice of a complaint against one of our insureds that involves catastrophic injuries and dangerous venues, so that she can engage from day 1 to ensure we are filing the proper motions and preserving the record for appeal. Jessica is well known by lawyers on both sides of the docket. She is an excellent lawyer who is not intimidated by anyone.  If Jessica is on our team, I like our chances.”

Dave Crowe, Vice President and Head of Global Claims, Berkshire Hathaway Specialty Insurance.

“Jessica is an extremely competent and creative appellate lawyer in TX with an enviable record of successful appeals.  She is well respected by her peers and the bench. She has a multiple state practice and is wonderful with clients.”

Chuck Stauber, Vice President, Head of Complex Excess Claims, Zurich North America.

“In one word: Brilliant. Jessica is a brilliant appellate attorney, who gives common sense and wise counsel. Never go to trial without her.” Kim Moody, Head of Claims, Golden Bear Insurance Company.

“Jessica Barger is a game changer when it comes to high stakes personal injury litigation and an important asset in leveling the playing field for defendants. Jessica has expertly handled some of the most high-profile litigation in which my company has participated. Her brief writing is direct and persuasive, and she possesses confident, credible oral argument skill sets. Jessica, along with Tom Wright, are the finest appellate lawyers in Texas.“

Andrew Barberis, former Head of Excess Claims, AIG, now Senior Vice President, Claims, Berkshire Hathaway Specialty Insurance.

Professional Memberships

Fellow, Houston Bar Foundation

State Bar of Texas (Appellate Section)

Council Member, Houston Bar Association (Appellate Section)

State Bar of Texas Board of Disciplinary Appeals