Current Employment Position(s)

Partner

Lawyer Overview

Jack Carnegie's practice centers on business litigation and arbitration involving the oil and gas and chemical industries, as well as on contract and warranty claims, trade secrets, and the representation of policyholders in insurance and indemnity issues.

Jack has argued dozens of times before Texas appellate courts, including the Fifth Circuit and the Texas Supreme Court in which he is responsible for a number of landmark decisions.

Jack obtained a major victory for Texas policyholders in Evanston Ins. Co. v. Atofina Petrochemicals, Inc., where the Texas Supreme Court rendered judgment worth more than $8 million. This decision was based largely on one of Jack's earlier Supreme Court wins, Getty Oil Company v. Insurance Company of North America, a $28 million suit for breach of contract involving indemnities and contractual additional insurance provisions.

Jack's experience also includes Baroid Equipment Inc. v. Odeco Drilling, Inc., reversing a multimillion dollar judgment for breach of contract and warranty related to riser tensioner systems for offshore drilling rigs, and Kaiser-Francis Oil Company v. Oklahoma Gas and Electric Co., reversing an $8 million take or pay judgment.

Jack is board certified in civil appellate law by the Texas Board of Legal Specialization. He frequently speaks at continuing legal education seminars on a variety of topics including insurance and indemnity issues and the role of appellate counsel in litigation. He is a member of the Texas State Bar Appellate Section Corporate Counsel Liaison Committee and a Fellow of the Texas Bar Foundation.

Areas of Practice

• Issues & Appeals
• Appellate Advocacy in the U.S. Supreme Court
• Appellate Litigation in Other Federal & State Courts
• Trial Litigation in Federal & State Courts
• Trial Practice
• Insurance Coverage
• Insurance
• Energy

Representative Cases

• AVCO Corporation, Textron Lycoming Reciprocating Engine Division Of AVCO Corporation v. Interstate Southwest Ltd.,145 S.W.3d 257 (Tex. App. — Houston [14th Dist.] 2004, n.p.h.)
• Assicurazioni Generali v. Crown Central Petroleum Corp. 87 F.3d 1313 (5th Cir. (Tex) 1996)
• Baroid Equipment Inc. v. Odeco Drilling, Inc., 184 S.W.3d 1 (Tex. App. -- Houston [1st Dist.] 2005, pet. denied)
• Carey v. Sub Sea International Inc. and Sub Sea Offshore Ltd., Cause No. 01-40013 (5th Cir. 2002)
• Chandler v. Control Specialties Inc., 1996 Tex. App. LEXIS 1142 (Tex. App - Houton [14th Dist] 1996, pet. denied)
• Cooper Industries, Ltd. v. American International Specialty Lines Insurance Co., Cause No. 07-20468 (5th Cir. (Tex) 2008)
• Crown Central Petroleum Corp. v. The Honorable Carolyn Garcia, 904 S.W.2d 125 (Tex. 1995)
• Davis v. Zoning Board of Adjustment of the City Of La Porte, 865 S.W.2d 941 (Tex. 1993) (per curiam)
• Eduardo Moreno Laparade v. Dr. Victor Manuel Rivera, No 01-99-00723-CV, (Tex. App. — Houston [1st Dist.], 2002)
• Evanston Insurance Co. v. Atofina Petrochemicals, Inc., 256 S.W.3d. 660 (Tex 2008)
• Fontenot v. NL Industries, Inc., 953 F.2d 960 (5th Cir. (Tex.) 1992) and Fontenot v. NL Industries, Inc., 877 S.W.2d 339 (Tex. App. - Houston [1st Dist] 1993, writ denied)
• Getty Oil Company v. Insurance Company of North America et al., 845 S.W.2d 794 (Tex. 1992)
• Halliburton Latin America, S.A. v. International Technical Solutions, Inc., 273 F.3d 392 (5th Cir. July 31, 2001) (Table)
• Hammack v. Baroid Corporation, 142 F.3d 266, 40 Fed. R. Serv. 3d 1428 (5th Cir. 1998)
• In re Kellogg Brown & Root, Inc., 166 S.W. 3d 732 (Tex. 2005)
• In re Scientific Drilling International, Inc., Cause No. 06-20933 (5th Cir. 2006) (original proceeding)
• Jacinto Medical Corp. v. Clarent Hospital Corp.
• James A. Howard, Special Deputy Receiver for Texas Employers’ Insurance Association v. NL Industries, Inc., in the Austin Court of Appeals
• Kaiser-Francis Oil Company v. Oklahoma Gas and Electric Company, Cause No. 96981 (Ok. App. May 18, 2004)
• Mercury Air Group, Inc. v. Mansour, 237 F.3d 542 (5th Cir. 2001)
• Mills v. BMC Software Inc; BMC Software Inc. Disability Plan; Et Al., Cause No. 06-20374 (5th Cir. 2006).
• New Wavo Communication Group, Inc. v. Cumulus Broadcasting, Inc. and Cumulus Licensing Corp., Cause No. 02-0921, in the Federal District Court for the Southern District of Texas
• NL Industries, Inc. v. GHR Energy Corp., 940 F.2d 957, 20 Fed. R. Serv. 3d 701 (5th Cir. (Tex.) 1991)
• NuTec Sciences, Inc. and NuTec Sciences Ltd. v. International Business Machines Corporation, Cause No. H-03-5389, (S.D. Tex.) and International Business Machines Corporation v. NuTec Sciences, Inc., Cause No. 1:04-CV-0664 (N.D. Ga.)
• Owens-Illinois v. Chatham, 899 S.W.2d 722 (Tex. App. - Houston [14th Dist.] 1995, no writ).
• Robbins & Meyers v. J.M. Huber, Cause No.05-01-00139 (Tex. App. — Dallas 2002)
• Rubalcaba v. Kaestner, 981 S.W.2d 369 (Tex. App. -- Houston [1st Dist.] 1998, pet. denied)
• T.H. Goldschmidt A.G. v. Smith, 676 S.W.2d 443 (Tex. App. - Houston [1st Dist.] 1984) (original proceeding).
• The Feed Store Inc. v. Reliance Ins. Co., 774 S.W.2d 73 (Tex. App. - Houston [14th Dist.] 1989, writ denied).
• Well Production Systems v. Upjohn, 856 F.2d 190 (5th Cir. (Tex.) 1988)
• Lyondell Chemical Company Joint Venture , (2009)

West Practice Categories

Bankruptcy Litigation, Business & Commercial Law, Class Actions, Complex Litigation, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Insurance Law, International Law, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, State Appellate Practice, State Trial Practice, Tax Litigation, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• Texas

Education

• U of Texas - Austin

Address

717 Texas
Suite 3300
Houston, TX 77002-2712

Phones

1.832.239.3703 (Business Phone)

Faxes

1.832.239.3600 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com