Jack CarnegieJack Carnegie Clark Hill
Jack Carnegie represents businesses in the oil and gas industry in litigation and arbitration by defending them from potential liabilities and helping them recover significant losses.
Much of his practice involves the oil and gas and chemical industries, where he handles a wide variety of contract, business tort, and insurance and indemnity disputes including contract and coverage issues related to additional insured provisions. Jack also has an active appellate practice and is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.
Jack's experience includes catastrophic equipment failures, chemical manufacturing and supply arrangements, construction disputes, well damage, and environmental contamination. As examples, Jack has represented:
- A domestic oil and gas company in litigation involving an oil concession in Chad - compelling arbitration against non-signatory Chinese defendants;
- A international chemical company headquartered in Germany in arbitration in a raw material pricing and quantity dispute;
- An oil field pipe supplier in preventing enforcement of Chinese arbitration award;
- A chemical manufacturer in arbitration to recover reconstruction costs and business interruption losses arising from an ethylene plant fire;
- Obtained a writ of mandamus vacating an order compelling international arbitration in In re Kellogg Brown & Root, the first Texas Supreme Court case to cleary establish the standards under which nonsignatories may be compelled to arbitrate.
- A major pipeline company in the recovery of abandonment costs for a toppled offshore platform;
- A construction company seeking to recover damages, including delay damages, resulting from the failure of equipment installed in a large chemical plant;
- An international pipeline company in a civil rights action filed by pipeline protesters;
- An oil field equipment manufacturer in trade secret litigation;
- An international E&P company in connection with complex indemnity and insurance issues relating to a deep water project utilizing an FPSO;
- An oil field chemical supplier at trial and on appeal in indemnity and insurance litigation arising from an oil field explosion;
- A PRP Group in a Superfund CERCLA cost recovery action;
- A Saudi company in litigation involving tortious interference with gas field contracts in Turkmenistan; and
- A power company in litigation involving gas supply contracts.
- Represented chemical company in litigation to recover for catastrophic losses caused by power outage.
In addition to his trial and arbitration practice, Jack maintains an active appellate practice.
- He prevailed before the Texas Court of Criminal Appeals in a landmark pro bono case reforming the procedure under which children may be certified adults: Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014). For this pro bono work Jack received the Harris County Bench Bar Pro Bono Award and the University of Texas Law School's Excellence in Public Interest Award.
- He helped the Houston Firefighters' Relief and Retirement Fund fend off the City of Houston in a highly publicized case, The Board of Trustees of the Houston Firefighters' Relief and Retirement Fund v. The City of Houston, 466 S.W.3d 182 (Houston [1st Dist.] 2015, pet. denied).
- He was victorious in Evanston Ins. v. Atofina Petrochemicals, the Texas Supreme Court's seminal decision on additional insured provisions and the rights of policyholders who settle claims. This case was referenced in the Texas Bar Journal as "potentially the most significant decision of the year."
- He prevailed on behalf of an oil field chemical supplier in Getty v. INA, a key decision on Texas res judicata law, and the Texas Supreme Court's first decision dealing with additional insured provisions and the Texas Oil Field Anti-Indemnity statute.
- He won Crown Central Petroleum Corp. v. Garcia, the first Texas Supreme Court case to grant mandamus relief establishing limits on "Apex" depositions of high level corporate officers.