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John L. Carter
John L. Carter
Experience | Education | Recognition | Activities
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Biography
John's principal area of practice is complex civil litigation, with emphasis on matters involving antitrust, securities, and contract issues. He has represented clients in the securities, energy, chemical, construction, insurance, and grocery industries. John has successfully obtained judgments based on jury verdicts that have been affirmed on appeal on behalf of both plaintiffs and defendants. He also is experienced in securities and international arbitration.
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Representative Experience
Securities Matters
Case Citations | View All
- Westcap Securities Litigation - defended regional broker-dealer against multiple securities fraud claims relating to the sale of Collateralized Mortgage Obligations [CMOs] and the dramatic decline in their value; two fully litigated NASD arbitrations resulted in no award to one claimant and less than costs incurred to the other; a federal court suit and a highly publicized claim by a junior college were settled with minimal payment by defendant; and an investigation and enforcement action by the SEC was settled for less than twenty percent of the amount originally proposed by the government
- Berger v. Compaq Computer Corp -as joint counsel, represented the defendant/appellant in this seminal Fifth Circuit class certification decision
- InterFirst Bank v. Quintana Petroleum - in suit alleging breach of fiduciary duty and usurpation of corporate opportunity against client defendants, obtained summary judgment that was affirmed despite existing court of appeals authority holding similar estate stock sales void
Antitrust Litigation
Case Citations | View All
- ETSI v. AT&SF Railroad - member of V&E team that represented, on a contingent fee basis, the ETSI Pipeline Project, a joint venture attempting to build a coal slurry pipeline, in a suit brought against various western railroads; the case resulted in our client’s recovery of several hundred million dollars in pre-trial and post-judgment settlements, the largest of which followed a jury verdict and subsequent judgment of over $1 billion in damages), (see In re Burlington Northern, Inc., 822 F.2d 518, rehearing denied, 827 F.2d 768 (5th Cir. 1987) (en banc), cert. denied, 484 U.S. 1007 (1988) (appeal of earlier order requiring defendants to produce privileged documents under the crime-fraud exception to the attorney-client privilege))
- T.O. Bell v. Dow Chemical Company - obtained and maintained on appeal a summary judgment for chemical powder manufacturer alleged to have engaged in monopolization with purported $29 million damages)
- Breaux Bros. Farms, et al. v. Teche Sugar Co. - in appeal of adverse trial judgment entered against client while represented by other counsel, we secured Fifth Circuit judgment that land leasing contracts used by south Louisiana sugar mills did not constitute illegal tying arrangements; trial court’s damage award and injunctive relief reversed
ERISA Litigation
- Gosselink v. SBC Pension Plan - plaintiffs claimed increased benefits for commissioned sales agents under a Plan drafted by predecessor corporation that, as a result of subsequent amendments, was unclear with respect to retired agents' benefit computation; the claimed unpaid benefits exceeded $50 million; the district court initially denied class certification and summary judgment, and after allowing extensive discovery, the district court ultimately granted summary judgment on all claims approximately a month in advance of trial; the Fifth Circuit affirmed, and the plaintiffs and class counsel took nothing
- Stoffels v. SBC Inc. - plaintiffs claimed that reimbursement payments made to a group of retirees whose residence prevented them from receiving local telephone service directly from the company subsidiaries were actually a pension plan governed by ERISA; the cost of establishing and funding a plan such as that alleged by plaintiffs exceeded $250 million; after denying a motion to dismiss, certifying two classes of plaintiffs to pursue claims, and conducting an advisory jury trial, the district court granted summary judgment; the plaintiffs and class counsel took nothing
Class Action Litigation
- Argued and won two significant class action cases in the Fifth Circuit and served as counsel of record in a third significant case, McManus v. Fleetwood Enterprises, 320 F.3d 545 (5th Cir. 2003) (consumer protection claims); Gosselink v. SBC Pension Plan, 272 F. 3d 722 (5th Cir. 2001) (ERISA claims); and Berger v. Compaq Computer Corp., 257 F. 3d 475 (5th Cir. 2001) (securities fraud claims)
- In other cases, represented defendants in class cases and served as co-ordinating counsel where ERISA or consumer claims were asserted against telecommunications or insurance companies
Contract Litigation
- Rowan Companies v. Transco Exploration Company - as counsel for plaintiff, obtained jury findings and maintained on appeal a judgment of $2.5 million for loss of use during repair of an offshore drilling rig that was damaged in a blowout
- Tokura Construction v. Raymond International - breach of contract claims by securing additional payments for the redredging of the Port of Guayaquil, Ecuador and damages due for delay in performing the work; an international arbitration panel held that no additional payments were due and that there had been no quantifiable damage from delay
Other Matters
Case Citations | View All
- Dixon-Rothe v. American National Property and Casualty Co. - summary judgment in test case (one of 12 similar cases) where plaintiffs challenged an insurance company's agent rating system with multiple claims under the Texas antitrust, consumer protection and insurance statutes
- American National Insurance Co. v. Cannon, - obtained reversal of trial court order certifying nationwide class to pursue contract-based claims
- Moody’s Quality Meats, Inc. v. H.E. Butt Grocery Company - obtained reversal on appeal of adverse trial court judgment in trade secret case
Prior results do not guarantee a similar outcome.
Education and Professional Background
- Southern Methodist University, J.D. cum laude, 1973 (Editor-in-Chief, Southwestern Law Journal (now SMU Law Review); Order of the Coif; Barristers)
- Southern Methodist University, B.A. Economics, 1970
- Admitted to practice: Texas courts: 1973; Supreme Court of the United States; U.S. Courts of Appeal for the Fifth, Eleventh, and District of Columbia Circuits; U.S. District Courts for the Northern, Western, Southern, and Eastern Districts of Texas
Professional Recognition
View All
- Fellow: American College of Trial Lawyers, 1992 - present
- The Best Lawyers in America® in commercial litigation, 2008 - 2012; Litigation: antitrust, 2012; Litigation: ERISA, 2012; and Litigation: securities, 2012
- Recognized in Texas Super Lawyers, 2003 - 2011
Activities and Affiliations
View All
- Fellow: American Bar Foundation; Texas Bar Foundation; Houston Bar Foundation
- Member: State Bar of Texas District 4A Grievance Committee, 1984-1987; College of the State Bar of Texas, 1990-1995; Standing Committee on the Administration of Justice, Houston Bar Association, 1978-1979; Standing Committee on Legal Assistants, State Bar of Texas, 1982-1988 (Chair, 1985-1988); Standing Committee on Legal Assistants, American Bar Association, 1985-1991
- Instructor: Trial Advocacy Workshop of the Harvard Law School (nine sessions since 1990); National Institute for Trial Advocacy, National Session
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Full Biography
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First City Tower
1001 Fannin Street
Suite 2500
Houston, TX 77002-6760
Tel +1.713.758.2124
Fax +1.713.615.5307
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