Hon. Mark Whittington (Ret.)

T: 214-744-5267
F: 214-720-6010
Arbitration

Hon. Mark Whittington (Ret.) is an experienced judicial officer who brings a unique perspective to his arbitration practice at JAMS. Starting on the bench as a civil trial judge, he presided over more than three hundred and fifty jury trials and thousands of non-jury trials. He later served on Texas’ Fifth District Court of Appeals where he personally authored over sixteen hundred appellate opinions.

Justice Whittington consistently received the highest approval rating by attorneys in judicial evaluation polls. He is an experienced arbitrator who has resolved a broad spectrum of disputes, including business and commercial, insurance, healthcare, personal injury, torts, professional liability, real property, construction defect, employment, and securities matters. 

Representative Matters

As a neutral, Justice Whittington has arbitrated a wide range of complex civil matters including:

  • Many employment cases including age discrimination, Title VII, whistleblower, wrongful termination, retaliation and sexual harassment cases 
  • Multi-million dollar claims for breach of contract, breach of fiduciary duty and defamation brought by fund managers and directors of venture capital fund upon breakup of business relationship 
  • Breach of contract and tort claims between former partners of law firm for violation of dissolution agreement 
  • Breach of contract, fraud, and breach of fiduciary duty claims between former shareholders, officers, and directors of dissolved information technology company 
  • Numerous construction defect cases involving commercial and residential claims 
  • Multi-million dollar breach of contract claims by oil and gas exploration company against engineering firm for failure to provide appropriate fluid engineering services, negligence and fraud 
  • Claim for recovery of fees by receiver against decedent’s estate 
  • Claims by big-four accounting firm against individual CPAs for breach of asset purchase agreement, theft of proprietary computer information, theft of trade secrets, and fraud 
  • Claims by national communications provider against regional provider for improper valuation of cellular spectrum and wireless infrastructure included in multi-million-dollar transaction 
  • Computer programming services company's claims against ex-employees for breach of non-competition agreement, theft of trade secrets, and damages 
  • Breach of contract claims by attorneys who left firm for failure to properly allocate partnership shares and work in progress 
  • Legal malpractice claim arising from bankruptcy proceeding and attorneys’ alleged failure to identify and pursue significant assets of corporate debtor 
  • Multi-million dollar breach of contract and negligence claims by real property owner against contractor and architect for office building constructed in violation of city ordinances 
  • Multi-million dollar claims for breach of contract and breach of fiduciary duty arising from nonrenewal of insurance brokerage agreement 
  • Numerous breach of contract and tort cases involving professionals including attorneys, accountants, stock brokers and others 
  • Wrongful death claims brought by decedent’s estate against physicians and hospital for alleged negligence in surgery resulting in death of patient. 
  • Claims by securities firm alleging financial institution's breach of deposit agreement for money market accounts resulting in multi-million dollar loss 
  • Disputes between buyers and sellers of businesses alleging breach of purchase and sale agreements 
  • International arbitrations including claims brought by United States corporations against Bolivian airline for termination of contracts, multi-million dollar damages and injunctive relief arising from lease of six passenger planes 
  • Mock arbitrations prior to actual hearings

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

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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