Plaintiff’s attorney says MGM’s litigation strategy ‘crazy,’ ‘insensitive’

NEWPORT BEACH -- A Southern California plaintiff's attorney attempted to publicly shame MGM Resorts Wednesday for its unusual decision to sue the victims of a mass shooting in Las Vegas last year.

The company's attempt to guard itself from liability connected to the tragedy was "insensitive," "crazy," and "unprecedented in the American justice system," Mark P. Robinson Jr. said at a news conference in front of a spray of TV news cameras.

"Just to revictimize them, it's just not right," he added. "I'm outraged about what they're doing here."

In an emailed statement, MGM said the plaintiffs' lawsuits, many filed by Robinson, span multiple jurisdictions and its lawsuit was an attempt to consolidate those matters into a single court, echoing a previous release through the company's Twitter account.

"We believe Congress determined these cases should be in federal court and that getting everyone in the same court is the best and fastest way to resolve these cases. As we have said from the beginning, we filed actions involving individuals who have retained attorneys and either have sued or threatened to sue," said Debra DeShong, spokesperson for MGM Resorts.

The complaints for declaratory relief, filed in federal court in Nevada and California, are against nearly 2,000 people killed or injured when Stephen Paddock opened fire on a country music festival from his room at the Mandalay Bay Resort & Casino nearby. It also covers family members who might file lawsuits.

This answer was not satisfactory to Robinson and five shooting victims who attended his news conference at the offices of Robinson Calcagnie Inc. in Newport Beach.

One victim described what looked like "gold confetti falling from the sky" in an apparent reference to spent rounds from Paddock's weapons.

Many were plaintiffs in personal injury lawsuits filed against MGM in Los Angeles County Superior Court. The suits were voluntarily dismissed, but plaintiffs have said they intend to refile. Robinson said the litigation belongs in Las Vegas state court. He has filed a motion to remand the case back to state court and petitioned for an expedited process.

MGM is seeking liability relief, citing the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, or the SAFETY Act. The act protects companies certified by the Department of Homeland Security from liability in the event of terrorism. MGM Resorts International et al. v. Aase et al., 18-CV06113 (C.D. Cal., filed July 13, 2018).

A company from which MGM contracts security, Contemporary Services Corporation, is certified by DHS under the SAFETY Act, which MGM attorneys argue protects the company from liability related to the attack.

While the lawsuits against MGM did not name CSC as a defendant, the documents list several actions handled by the security company as problematic such as insufficient exits, undertrained employees, and failure to properly monitor exits.

Brian Finch of Pillsbury Shaw Pittman LLP, who helps companies obtain SAFETY Act certification, called the tactic by MGM a "reach" and said it would still allow for compensatory damages if successful.

"I think that's a bit of a stretch based on the way the Safety Act has been interpreted. If there are claims against MGM for its security, it's different from anything CSC did," he said.

Robinson pointed to the 2014 arrest of Kyle Aaron Dunbar at Mandalay Bay with six weapons in his room. The plaintiffs' attorney said that shows the hotel was aware something like what Paddock did could occur. One of Dunbar's rifles was pointed toward crowds on the Las Vegas Strip.

"They should've learned from what happened three years ago, but they didn't," Robinson said at the news conference.

MGM has said Dunbar's arrest is unrelated and employees saw Dunbar's guns and reported them, whereas Paddock concealed his arsenal and murderous intent.

DeShong, the company's spokeswoman, said Monday the centralized venue of federal court is best for a hasty resolution of victim's claims.

"It is heartbreaking to hear these personal accounts of an unspeakable tragedy. We grieve with all of the victims. No one wins from endless litigation, and it will not change the fact that one person is responsible for this horrendous act of violence, and he took his own life rather than face justice," she said.

During Robinson's news conference, victims told their accounts of the shooting and described their lives since. Others talked about loved ones killed in the tragedy.

"Hearing that I'm now being sued, it's not only insulting it's ... it enrages me to think that this company can just try to skip out on their responsibility and liability," said Riverside County Deputy Sheriff Jason McMillan, who was paralyzed in the attack.

"I would cry out to the MGM and Mandalay Bay lawyers, 'Stop this; don't try it.' There'll be lawsuits. The lawsuits will take place. But don't go suing the victims," Robinson said.