Hon. Mark Whittington (Ret.)

T: 214-744-5267
F: 214-720-6010
Professional Liability

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.

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.

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 

Representative Matters

  • Negligence, fraud and breach of fiduciary duty claims against law firm and individual partners for litigation-related errors and mismanagement of escrow funds
  • Claims against trustees, attorneys and accounting firm based on breach of fiduciary duty, self-dealing and mismanagement of trust estate
  • Multi-million dollar claims against architectural firm and individual architects for loss suffered by general contractor on major commercial project caused by defective plans and design
  • Mediation of many medical malpractice claims including issues involving lack of consent, failure to diagnose, improper surgery and treatment errors.
  • Dental professional liability cases
  • Nursing and physical therapist negligence cases
  • Multiple legal malpractice cases involving issues such as statute of limitations, conflict of interest, failure to perfect appeal, duty, breach of duty and damages
  • Claims involving nursing home care including failure to properly monitor condition of patient, training and supervision of nursing staff, and general claims of negligence
  • Multiple accounting malpractice cases involving improper tax advice, failure to refer matters to appropriate authority and improper billing

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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