Mark P. Robinson Jr.

After decades of experience litigating high-profile matters, Robinson is still very busy with a string of marquee cases.

There’s opioids litigation, where he and co-counsel representing Orange County, Los Angeles County, the City of Oakland and Santa Clara County just rested the evidentiary portion of the case and now are briefing final arguments before Orange County Superior Court Judge Peter J. Wilson on claims that four drugmakers fueled a deadly epidemic. People v. Purdue Pharma LP et al., 30-2014-00725287 (O.C. Super. Ct., filed May 21, 2014).

He’s co-lead counsel in upcoming cases against the breast implant maker Allergan PLC in multidistrict federal litigation in New Jersey and California. Allergan Implant Cases, JCCP 5104 (L.A. Super. Ct., filed Aug. 20, 2019). And he’s co-lead in challenging a vaping industry leader. Juul Labs Products Cases, JCCP 5052 (L.A. Super. Ct., filed Aug. 20, 2019).

As those matters proceed, Robinson said he’s looking forward to a rematch—following a successful trip to the state Supreme Court—of an unfair competition case he filed in association with Orange County District Attorney Tony Rackauckas over pay-to-delay claims regarding a generic cholesterol drug that would compete with AbbVie Inc.’s Niaspan. People v. Abbott Laboratories et al., 30-2016-00879117 (O.C. Super. Ct., filed Oct. 4, 2016).

“They’re trying to keep the generics off the market so people have to pay higher prices, so we’re suing,” Robinson said. But the matter turned into a contest over local prosecutors’ authority to seek civil penalties for violations that occur outside their territorial jurisdiction. An Orange County judge gave the suit the green light. A state appellate panel reversed, barring the suit.

Last year, voting 7-0, the justices affirmed the trial judge and held that California’s Unfair Competition Law grants broad civil enforcement power to district attorneys to sue on behalf of the people. Abbott Laboratories v. Superior Court, S249895 (Cal. S. Ct., op. filed June 25, 2020).

Robinson said his law partner Kevin F. Calcagnie and Orange County Deputy District Attorney Kelly A. Emby briefed the case and Emby successfully argued it before the high court. Again, he saw links among his cases because the judge overseeing the opioid trial will preside over the Niaspan litigation.

“Now, I’ll be working it up for trial and trying the case,” Robinson said. “We’re going to try to keep these companies accountable for keeping prices high.”

--John Roemer