Judge Denies Pro Hac Vice Admission for Baker & Hostetler Lawyers in Texas Case
March 5, 2025, 3:45 pm CST
U.S. District Judge Mark T. Pittman of the Northern District of Texas (Photo from the U.S. District Court for the Northern District of Texas, PD US Courts, via Wikimedia Commons)
Key Decision on Pro Hac Vice Applications
In a significant ruling, U.S. District Judge Mark T. Pittman of the Northern District of Texas has denied two attorneys from the law firm Baker & Hostetler the ability to appear pro hac vice in a case involving a compounding pharmacy’s lawsuit against the U.S. Food and Drug Administration (FDA). The decision underscores the judge’s stance on lawyers who frequently practice within the district.
Details of the Ruling
Partners Andrew M. Grossman and associate Marc N. Wagner will not be permitted to represent their client at this stage, as determined by Judge Pittman’s order issued on March 3, 2025. The judge deemed the lawyers as “frequent practitioners” in the district, which was a decisive factor in his ruling.
- Grossman submitted three pro hac vice applications over the past year.
- Wagner submitted four applications, including for the current case.
The pro hac vice status allows attorneys to handle specific cases in jurisdictions where they are not regularly licensed to practice. Judge Pittman noted this frequent engagement in the Northern District raised concerns regarding their qualifications for such temporary admission.
Encouragement for Formal Admission
Judge Pittman expressed willingness to welcome both lawyers to the bar of the Northern District of Texas. He articulated that they may consider applying for direct admission to practice in the district, thereby circumventing the need for pro hac vice requests altogether.
Case Context
The lawsuit challenges an FDA decision to remove the weight loss drug semaglutide from its shortage list, which subsequently restricts compounding pharmacies from fulfilling demand for the medication. The plaintiffs, consisting of a compounding pharmacy alongside a trade association, are seeking to contest this regulatory change.
Judge Pittman’s Judicial Approach
Judge Pittman has demonstrated a meticulous approach to procedural rules in previous cases as well. He has previously dismissed cases for missed deadlines and has sanctioned attorneys for failing to comply with specific filing requirements, signaling his strict adherence to procedural integrity.
Conclusion
As the legal community reflects on this ruling, the implications for pro hac vice admissions could foster a reevaluation of how frequently practicing attorneys are treated within various jurisdictions.
