In Battle of Toyota Lawyers, It’s Mark v. Mark v. Mark

[WSJ Law Blog]

Is the battle for control over Toyota litigation really a battle of the Marks? That seemed to be the case the other day in San Diego at the “Toyota Recall Litigation Conference.”

The Marks in question: W. Mark Lanier, of Vioxx fame; Mark P. Robinson Jr., of Ford Pinto fame, and, oddly, Mark J. Geragos (pictured), of Michael Jackson fame.

The three were speakers at the legal seminar Wednesday that came in advance of a hearing of today’s U.S. Judicial Panel on Multidistrict Litigation. All are looking to take the lead in the Toyota cases once they’re consolidated. (Click here for the WSJ story pregaming the hearing.)

Lanier noted to a rapt audience how he can tailor his courtroom demeanor from judge to judge, likening it to “ballet” or “World Wrestling Federation” depending on the judge’s tastes.

He also said the attorneys who take the lead in Toyota must be willing to spare no expense and noted how his firm had put up $13 million for the litigation against Merck for wrongful death suits for pain-killer Vioxx.

Throughout the day he was trailed by a klatch of attorneys, one of whom patted his arm warmly as he passed by. “I don’t even know that guy,” Lanier said.

Mark Geragos, who has worked as a criminal defense attorney both to the King of Pop and Winona Ryder but also is handling a few Toyota cases, offered a lunchtime speech that was part pep rally, saying Toyota is certain to be charged criminally for what he likened to “corporate murder,” and part Kumbaya-session, urging the group of attorneys all jockeying to take the lead to “coalesce.” (Toyota declined to comment.)

Robinson is the statesman of the bunch and reminded the audience of his experience handling tobacco litigation and other major cases. He also told the group that they are a “village” (in the Hillary Clinton “it takes a village” sort of way). “We can come together,” he said. “Why don’t all of us come together and team up and do this right and divide up our roles. Let’s gear up for trials.”

While some of the attorneys nodded in agreement, later as they swilled drinks poolside on a hotel terrace one leaned in and predicted the scene yet to come: “It’s going to be a bloodbath,” he said.