About Us

Practice Focus

Martin Merritt is a member of the Health Law Section of the Dallas Bar Association and the Health Law Section of the State Bar of Texas. Mr. Merritt delivers the annual report on Stark Law, The AKS and The False Claims Act to the membership of the Health Law Section of the Dallas Bar Association. Representation of Physicians in Stark Law/Anti-Kickback Statute Compliance, False Claims Act Litigation, Malpractice Defense, Medical Ethics, Business Litigation, Pharmaceutical Litigation, MDL Actions. Lead counsel in over 2000 cases majority involving proof at trial or administrative proceeding that a physician’s course of treatment was reasonable and necessary, met the applicable standard of care, the amount charged was usual and customary in Dallas County and/or that the coding was appropriate for the treatment provided. Cases include defense of physicians in conjunction with pharmaceutical defendants in MDL class action cases. First Chair Jury Trial experience in Medical Malpractice, Wrongful Death, Paralysis Injury, Products Liability, Contracts, Negligence, Premise Liability, DTPA, Breach of Contract, Breach of Warranty, Personal Injury, Workers Compensation, Federal Statutory Law, State Regulatory Law, Real Estate. At least a dozen $1 million and multi million dollar (net present value) recoveries actually received on behalf of clients. Over $500 million dollars in medical malpractice and Pharmaceutical claims



Books Authored

Texas Motion Practice Handbook, Vols. I-II, 1600 pp., (updated annually), Knowles Publishing Co., Fort Worth,

Texas (1992-2005)(Best-selling treatise and form book, Texas Civil Trial Procedure and Evidence. Chapters include Summary Judgment, Default Judgment, Motions to Recuse Judges, Motions to Disqualify Counsel, New Trials, Dismissal for Want of Prosecution, Sanctions, Discovery Motions.) This book and the annual updates required reporting on every major development in civil procedure each year during the publication run.


Texas Bar Journal Articles and MCLE Presentations

“Stark Law– A flawed Solution to A Flawed Program,” Becker’s Hospital Review, (April 2012); “ Defending

Federal Fraud And Abuse Actions, Stark Law, the AKS, and False Claims Act,” Dallas Bar Association, Health Law Section, January CLE Presentation 2012, “Medicare Set-Asides in Litigation,” National Business Institute, (Dec. 2010). “Fry is Out, But What is the Test? The Foundation for Expert Testimony in Federal Trials after Daubert”, 57 Tex. Bar. J. Vol. 7, pp. 710-715, (July 1994); “Texas Summary Judgment Evidence,” 53 Tex. B. J. Vol. 1, p. 24, (January 1990); “Prejudgment interest in Wrongful Death, Personal Injury and Property Damage Actions,” Texas Trial Lawyer’s Forum, Vol. 2., No. 2 p 21-23 (1992); “A Critical Analysis of Irving Younger’s Ten Commandments of Cross Examination,” Texas Trial Lawyers Forum Vol. 28, No. 1. pp.11-16 (1994); “Rule 165a. Dismissal for Want of Prosecution” 60 Tex. Bar.J. Vol 6, pp. 555-559 (June 1997);” Summary Judgments in Texas,” Dallas Bar Assn. Friday MCLE Clinic, (May 1990); “Responding to Adverse Pretrial and Trial Motions,” Texas Trial Lawyers Association MCLE Seminar, Dallas and San Antonio, (Feb. 1994); “Demonstrative Aides in Civil Trials,” National Business Institute Seminar, (Feb. 1994); “Motion Practice Pointers,” Plano Bar Association, (July 1995); “Case Intake and Investigation,” Institute for Paralegal Education, Seminar, (Sept. 1994) “Cross Examination, Getting the Most out of Depositions,” Texas Trial Lawyers Assoc., Seminar, (Sept 1996); Guardian Ad Litem Practice and Procedure,” University of Houston Bar Foundation, (Sept. 1996); “Federal Practice Update,” National Business Institute (Feb. 2001);




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