MARK A. WHITT
Mark is a regulatory trial lawyer and Managing Partner of Whitt Sturtevant LLP. He represents natural gas, electric, water, telecommunications and retail energy suppliers in regulatory commission proceedings and in state and federal trial and appellate courts. Mark is a recognized Advocate of the National Institute for Trial Advocacy, an Ohio Super Lawyer, and is listed in Best Lawyers in America. He was a partner at Jones Day and practice group leader at a litigation boutique before co-founding Whitt Sturtevant in 2012.
Mark has been involved in a number of significant regulatory proceedings, including federal and state court litigation stemming from the wholesale electric energy crisis of 2000; deregulation of the Ohio and Illinois retail electric markets; defending litigation against FirstEnergy arising from the August 2003 Blackout; alternative regulation of natural gas supply and distribution in Ohio; approval of accelerated infrastructure replacement programs; the implementation of performance-based ratemaking in Illinois; and electric rate disputes arising from the “polar vortex” of January 2014. His recent transactional experience includes the formation of the Blue Racer joint venture of Dominion and Caimen Energy, the acquisition of Cleveland Thermal by Corix, Aqua Ohio’s acquisition of Ohio-American Water, and regulatory counsel to the Clean Energy Future – Lordstown electric generation project. Mark has litigated numerous utility rate cases in Ohio, Illinois, Missouri, Kentucky, Oklahoma and Arkansas. As a civil litigator he represented Fortune 500 companies in state and federal courts throughout the country, as well as internationally. He has argued appeals at the Ohio Supreme Court, various intermediate appellate courts in Ohio and Illinois, and the U.S. Court of Appeals.
Mark is a graduate of the University of Akron (B.S., cum laude, 1993; J.D., cum laude, 1997) and a former Editor-in-Chief of the Akron Law Review. He is also a veteran of the United States Army (101st Airborne Division, 2nd Infantry Division, 11th Special Forces Group, 1987-1991)
- 18 years experience representing public utilities before state regulatory commissions and courts.
- Has represented public utilities in rate cases and other significant regulatory proceedings in Ohio, Illinois, Arkansas, Missouri, Oklahoma and Kentucky.
- State and federal district trial court experience in approximately 20 states in a diverse range of litigation matters, including disputes over construction defects and delays; natural gas production and delivery; food, safety and environmental claims; government contractor fraud; products liability; consumer credit and collections; breach of contract; torts and negligence; and land use and zoning.
- Representative trial and appellate court cases include:
- Ohio Partners for Affordable Energy v. PUC, 2015-Ohio-3627.
- In Re Ohio Power Co., 2015-Ohio-2056.
- Commonwealth Edison Co. v. Ill. Commerce Comm’n, 8 N.E.3d 513 (Ill. Ct. App. 2014).
- In re Application of E. Ohio Gas Co., 141 Ohio St. 3d 336; 2014-Ohio-3073.
- Saks v. East Ohio Gas Co., 971 N.E.2d 498 (Ohio Ct. App.); 2012-Ohio-2637.
- Ameren Ill. Co. v. Ill. Commerce Comm’n, 967 N.E.2d 298 (Ill. Ct. App. 2012).
- United States v. Dillard, 78 Fed. Appx. 505 (6th Cir. 2003), cert. denied, 124 S. Ct. 1892 (2004).
- United States v. Kaminski, 501 F.3d 655 (6th Cir. 2007).
- Vitolo v. Mentor H/S, Inc., 426 F.Supp. 2d 28 (E.D.N.Y. 2006).
- Hinson v. Mentor Corp., 207 F.Supp. 2d 531 (M. D. La. 2002).
- Ohio Partners for Affordable Energy v. Public Utilities Comm’n of Ohio, 115 Ohio St. 3d 2008 (2007).
- State ex rel. Illuminating Company v. Court of Common Pleas, 97 Ohio St. 3d 69 (2002).
- State ex rel. Cleveland Electric Illuminating Co. v. Court of Common Pleas, 88 Ohio St. 3d 447 (2000).
- Atlantic Richfield Co. v. Alcan Aluminum Holdings, 12 F. Supp. 2d 460 (S.D.N.Y. 1998).
- Belden, Inc. v. American Electronic Components, 885 N.E.2d 751 (Ind. App. 2008).
- Wade v. White, 2005 WL 78759 (6th Cir. 2005).
- McGee v. East Ohio Gas Co., 2002 WL 484480 (S.D. Ohio 2002).
- Gray v. Experian Information Solutions, Inc., 2001 U.S. Dist. LEXIS 5446 (D. Ariz. 2001).
- Ippolito v. FirstEnergy Corp., 2004 WL 2495665 (Ohio Ct. App. 2004).
- Recognized by Best Lawyers in America in the fields of Energy Law and Energy Regulatory Law
- Recognized by Ohio Super Lawyers in the field of Public Utility Law
- Listed in Who’s Who in Energy, Crain’s Business Journal
- Designated Advocate of the National Institute for Trial Advocacy
University of Akron, J.D., cum laude (1997)
- Editor-in-Chief of the Akron Law Review
- Member, NITA Trial Team
University of Akron, B.S, cum laude (1993)
United States Supreme Court
U.S. Court of Appeals, 6th Circuit
U.S. Court of Appeals, 2nd Circuit
U.S. District Court, ND Ohio
U.S. District Court, SD Ohio
U.S. District Court, ED Mich.