Hon. Richard S. Whitney (Ret.)
- Mediator,
- Arbitrator,
- Court-Appointed Neutral (Referee/Special Master),
- Neutral Evaluator,
- Temporary Judge-Judge Pro Tem
- In-person
- Virtual
Hon. Richard S. Whitney (Ret.) joins JAMS as a neutral following over 23 years of distinguished service on the bench. Judge Whitney has presided over thousands of matters, including high-stakes environmental, major residential land development and medical device and pharmaceutical development disputes, as well as intricate class action settlements. His impressive career is marked by a focus on efficiency, fairness and transparency for all parties involved.
Before joining JAMS, Judge Whitney built a notable career presiding over civil cases with the San Diego County Superior Court. Judge Whitney was respected for his preparation and his ability to distill complex legal theories into actionable rulings. He presided over a wide range of complex matters, including wrongful death, pharmaceutical and spinal medical device, medical malpractice, land use and zoning, CEQA, and business and transactional disputes, as well as criminal cases involving homicide, sexual assault and other serious offenses. His experience includes high-profile and landmark matters, such as the PH Miracle case involving the unlawful practice of medicine, as well as major CEQA and land development disputes affecting the San Diego region.
Prior to his judicial service, Judge Whitney spent more than 18 years in private practice as a civil litigator. He represented national and international insurance companies and their insureds, handling complex litigation involving catastrophic injuries and suspected fraudulent claims. He tried more than 20 jury trials and participated in hundreds of arbitrations and mediations. He conducted hundreds of depositions of nationally recognized neurosurgeons, neuroradiologists and orthopedic surgeons. Working extensively with leading medical experts, he developed a comprehensive understanding of clinical evaluations, physical examinations, diagnostic imaging and the medical interpretation of injury causation, disease etiology and related findings.
As a practicing attorney, Judge Whitney gained extensive experience in complex litigation involving neurological and spinal injuries, including catastrophic injury and wrongful death matters. He was a frequent lecturer on spinal anatomy and neuroradiology and completed UCLA’s medical training program for lawyers, further deepening his understanding of medicine and the mechanisms of injury.
Judge Whitney brings extensive alternative dispute resolution experience, having served as a judge pro tem, court-appointed arbitrator and private mediator. He has completed formal mediation training by world-renowned mediator Gregg Relyea and is known for a balanced (facilitative and evaluative) approach to dispute resolution.
Representative Matters
Business Commercial
- Presided over complex business and commercial disputes involving breach of contract, trade secrets, corporate governance, pharmaceutical companies, product liability, real estate transactions, partition actions and specific performance claims
- Presided over a complex trade secret dispute involving satellite and aerospace technology related to commercial shipping products
- Managed the long-running Hazard Center Drive litigation, a multimillion-dollar construction dispute concerning an unbuilt roadway extension that remained before the court for more than 20 years and ultimately resolved on the eve of jury selection
Employment Law
- Presided over a broad range of employment disputes, including wage-and-hour class actions, discrimination, harassment, retaliation, wrongful termination and constructive discharge claims
- Oversaw class and representative actions involving complex workplace and wage-and-hour issues, including disputes against national employers, public entities and healthcare organizations
- Approved numerous class action and representative action settlements involving employment-related claims
Environmental, Land Use & CEQA
- Presided over significant California Environmental Quality Act (CEQA), land use and zoning disputes involving major residential, commercial and infrastructure developments throughout San Diego County
- Issued rulings in high-profile matters involving environmental impact reports, municipal planning initiatives, transportation improvements and commercial development projects
- Presided over litigation involving one of San Diego County's largest proposed residential developments, addressing wildfire concerns and environmental compliance
- Issued a precedent-setting ruling involving the Housing Crisis Act, concluding that state housing law preempted a local referendum challenging a large residential development
Governmental & Public Agency
- Approved ballot language for San Diego's Measure C following a legal challenge, ordering revisions to improve clarity while allowing the measure to proceed to the voters
- Presided over numerous civil matters involving the University of California Regents and other public educational institutions across a broad range of legal issues
- Presided over disputes involving governmental entities, municipal decision-making and public policy issues, including matters related to land use, development and regulatory authority
Insurance
- Presided over declaratory relief actions involving insurance coverage disputes and the interpretation of insurance policies
- Issued rulings involving complex insurance coverage, fraud and catastrophic injury matters
Personal Injury
- Presided over numerous catastrophic injury and wrongful death cases involving complex medical, scientific and technical evidence
- Presided over numerous medical malpractice trials involving hospitals, physicians and specialty providers, including claims arising from surgical procedures, urologic care and cosmetic surgery
- Oversaw high-profile wrongful death matters involving healthcare providers, religious organizations and commercial entities
Pharmaceuticals & Mass Torts
- Presided over a complex pharmaceutical fraud action involving allegations of fraudulent concealment, false promise and regulatory misconduct arising from the development of an investigational cancer therapy, including extensive expert testimony and post-trial proceedings
Life Sciences
- Conducted multiple jury trials involving spinal surgery devices and medical technology, including litigation concerning minimally invasive spine surgery products with nationally recognized experts and counsel
- Presided over product development litigation involving pharmaceuticals, medical devices and other surgical related devices
Real Property
- Presided over complex real estate disputes involving licensed cannabis properties and related commercial transactions
- Handled numerous equitable actions including specific performance, easement disputes and actions for partition of property
Background & Education
Career
- Judge, San Diego County Superior Court, 2003 - 2027
- Owner, Whitney & Associates, 1997 - 2002
- Partner, Higgs, Fletcher & Mack, LLP, 1997
- Managing Partner San Diego office Gilbert, Kelly, Crowley & Jennett, LLP, 1993 - 1997
- Associate, Gilbert, Kelly, Crowley & Jennett, 1986 - 1993
- In House Counsel, Xerox corporation and Industrial Indemnity 1985 - 1986
Education
- Bernard E. Witkin Judicial College of California, 2003
- J.D., Thomas Jefferson School of Law, 1983
- Bachelor of Arts, Politics and Government, University of Puget Sound, 1980
- Tulane University, 1978
Bar Admissions
- California, 1984
- U.S. District Court for the Southern District of California, 1984
- S. District Court for the Central District of California, 1988
Virtual & In-Person Locations
Home Office
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San Diego, CA
Available to Travel To
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Century City, CA -
Inland Empire, CA -
Las Vegas, NV -
Los Angeles, CA -
Orange County, CA -
Sacramento, CA -
San Francisco, CA -
Santa Rosa, CA -
Silicon Valley, CA -
St. Louis, MO
Virtual hearings available nationwide
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