Hon. Mark Whittington (Ret.) brings a unique perspective to his dispute resolution practice at JAMS. Justice Whittington served in multiple roles in the judiciary where he participated in early efforts to institute ADR programs at both the trial and appellate levels. He began his judicial career as a civil trial judge and concluded his public service as a justice of the Fifth District Court of Appeals.

ADR Experience and Qualifications

• As a civil trial judge, Justice Whittington presided over more than three hundred jury trials and thousands of non-jury trials involving general civil litigation including contract, personal injury, products liability, insurance, employment, and real estate disputes 
• As an appellate court justice, Justice Whittington served on panels that resolved thousands of civil cases 
• Personally authored more than sixteen hundred appellate opinions 
• Consistently received the highest approval rating by attorneys in bar association judicial evaluation polls 
• Since leaving the bench, Justice Whittington has served as a full-time mediator, arbitrator, and special master with JAMS. He has experience serving as a neutral in complex civil disputes involving business and commercial matters, insurance, healthcare, personal injury, torts, professional liability, real property, construction defects, employment matters, and securities.

Representative Matters

• Appellate
• Appeal of judgment for insured against umbrella carrier for failure to provide defense and coverage with respect to underlying claims resulting in multi-million dollar loss 
• Appeal of judgment against bus line for negligence and gross negligence arising from crash of bus on ice covered highway
• Business Commercial
• Claims for fraud, negligence, and breach of contract brought by corporation against developer of information technology systems for design and inventory management
• Claims for breach of fiduciary duty and fraud by limited partners in pharmaceutical manufacturing and marketing enterprise against general partner and other limited partners
• Construction
• Breach of contract and fraud claims by natural gas pipeline general contractor against pipeline developer and executives 
• Nuisance and related damage claims brought by neighboring building owners against owner of office tower constructed in violation of city ordinances
• Employment Law
• Gender discrimination and sexual harassment claims brought by attorney against law firm and partners 
• Wrongful termination and whistleblower claims brought by multiple employees against defense contractor
• Governmental & Public Agency
• Condemnation claim by cities against landowners resulting from extension of runway at municipal airport and counterclaim for inverse condemnation of airspace 
• Claims brought by individuals and businesses against city and city council members for enactment of ordinances and violations of open meetings act
• Health Care
• Healthcare liability claim against hospital and physicians for negligence during surgery resulting in permanent paraplegia of child’s lower extremities 
• Claims by physician against hospital for violation of peer review procedures and denial of privileges
• Insurance
• Breach of contract claims involving interpretation of contract language and liability relating to reinsurance agreements between insurance companies
• Coverage dispute between insured, underlying carrier, and excess carrier over damages arising from fatalities caused by release of liquid ammonia from refrigerant lines at cold storage facility
• Personal Injury
• Product liability and negligence claims against manufacturer and retailer for severe injuries sustained by child whose clothing was ignited by space heater 
• Negligence claims involving liability for crash of private jet and related damages
• Professional Liability
• Negligence, fraud, and breach of fiduciary duty claims against law firm and individual partners for litigation-related errors and mismanagement of escrow funds 
• Allegations against trustees, attorneys, and accounting firm based on breach of fiduciary duty, self-dealing, and mismanagement of trust estate
• Securities
• Claims by liquidating trustee and class representative against broker/dealers and their employers 
• Class-action claim by bankruptcy trustee on behalf of investors against stock brokers who sold stocks involved in Ponzi scheme

Honors, Memberships, and Professional Activities

• Best Lawyers in Dallas, Alternative Dispute Resolution, D Magazine
• Outstanding Civil Jurist Award, American Board of Trial Advocates
• Judicial Pro Bono Award, North Texas Legal Services
• Sustaining Life Fellow, Texas Bar Foundation
• Sustaining Life Fellow, Dallas Bar Foundation
• Master, William “Mac” Taylor Inn of Court

Background and Education

• Justice, Fifth District Court of Appeals, Dallas, TX, 1993-2008
• Judge, 160th State District Court, Dallas, TX, 1987-1992
• Judge, County Court at Law, Dallas, TX, 1983-1986
• J.D., University of Houston