Hon. Mark Whittington (Ret.)

T: 214-744-5267
F: 214-720-6010
Energy/Utility

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

ADR Experience and Qualifications

  • As a civil trial judge, Justice Whittington presided over more than 300 jury trials and thousands of bench trials 
  • As an appellate court justice, Justice Whittington served on panels that resolved thousands of civil cases, where he personally authored over 1600 opinions 
  • Justice Whittington presided over many complex energy industry cases during his judicial career
  • Since leaving the bench, he has helped resolve numerous complex energy industry cases, both as a mediator and as an arbitrator

Representative Matters

  • Contract claims by oil and gas exploration company against engineering firm regarding failure to provide fluid engineering services, negligence and fraud 
  • Claims for breach of contract, promissory estoppel, fraud and fraudulent transfer brought by engineering firm against developers of proposed natural gas pipeline in Texas and Mexico 
  • Investor action regarding oil and gas joint venture for injunctive relief against bank to prevent payment on letters of credit after venture was unsuccessful 
  • Breach of fiduciary duty, negligence and fraud brought by pipeline company against vice president of project management and contracts for unauthorized relationships with suppliers and contractors 
  • Claims for tortious interference, conversion and injunctive relief arising from alleged interference with seismic survey by surface owners 
  • Probate contest involving claims to mineral estates and working interests passing under terms of decedent’s will 
  • Wind farm operator’s breach of contract claims brought against operator of electric power grid for failure to provide sufficient infrastructure for transmission of available energy 
  • Claims for breach of contract brought by oil well servicing company against shipping company for failure to comply with contractual requirements regarding provision of services and supplies to oil rigs in the Gulf of Mexico 
  • Natural gas pipeline general contractor’s claims for breach of contract and fraud against pipeline developer and executives 
  • Breach of contract and tort claims by oil field joint venture participants against operator for failure to appropriately allocate profits 
  • Breach of contract, quantum meruit, fraud and tortious interference claims brought by landman and his company against oil and gas energy exploration company for failure to pay commissions for negotiation of multi-million dollar lease purchases
  • Negligence and fraud claims brought by royalty owners against executive interest owners for failure to properly manage oil and gas interests

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

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