Mark P. Robinson

Newport Beach • Personal Injury

Over the course of his career, Mark P. Robinson has obtained substantial jury verdicts and negotiated settlements amounting to billions of dollars, but his influence extends to leadership positions in various mass tort MDLs and California JCCPs, signifying his significant impact on the legal landscape.

In his role as lead/liaison counsel, Robinson plays a crucial part in J&J Talcum Powder Cases (JCCP 4872), which encompass the claims of more than 1,000 plaintiffs who allege ovarian cancer as a result of talcum powder use.

Robinson's role extends to representing approximately 800 plaintiffs in California state courts and serving as one of only 11 attorneys appointed nationwide to represent members of the Talc Claimant's Committee. This committee advocates for more than 38,000 ovarian cancer victims involved in two successive talcum powder bankruptcy cases filed by LTL Management, a subsidiary of J&J. These cases hold immense significance within the fields of products liability and mass torts. They have been entangled in a new trend in legal strategies, where manufacturers have employed the bankruptcy system as an alternative to MDLs and coordinated state court litigation.

"Highly solvent mass tortfeasors, with billions of dollars in assets sufficient to meet their liabilities, have taken to using the bankruptcy system as a tool to delay resolution and force low and inequitable settlements," Robinson said. "They do this by placing subsidiary entities into bankruptcy, hoping to shield themselves from liability while at the same time staying all litigation and jury trials in federal and state courts."

The Talc Claimant's Committee, in collaboration with bankruptcy counsel, underwent a complex process involving discovery, a trial in the bankruptcy court, and an appeal to the Third Circuit. Eventually, they secured an order dismissing the case in April 2023, thus terminating the injunction. However, J&J filed a second bankruptcy, referred to as LTL 2.0, a mere two hours later, resulting in a second injunction. The Talc Claimant's Committee had to conduct further discovery and undergo a second trial. They successfully obtained a dismissal of the second bankruptcy, with the court ruling that the second filing was in bad faith. Consequently, in August 2023, the court lifted the injunction, allowing talc litigation to progress in the tort system after nearly two years of delay. J&J is presently appealing the dismissal to the Third Circuit.

Robinson was also one of the three co-lead attorneys in Route 91 Las Vegas Shooting Cases, alongside Robert Eglet and Kevin Boyle, which resulted in an $800 million settlement.

Robinson again emphasized the pressing need to address the misuse of bankruptcy as a tactic to stall litigation and evade tort liability. This issue remains a significant concern, with the possibility of manufacturers resorting to further bankruptcy filings to delay proceedings. He cites examples from other cases, such as the 3M Combat Arms Earplug litigation and the Purdue Pharma bankruptcy in the nationwide opioids litigation, where bankruptcy has been used as a tool to circumvent liability.

"The misuse of bankruptcy to stall litigation and evade tort liability is far from over, and issues relating to bankruptcy and mass torts will need to be addressed in the near future," Robinson said. "Questions as to the proper use of the bankruptcy system in the mass tort context will continue to arise and will need to be litigated until they are resolved with clarity by Congress and/or the higher federal courts."