Texas Court of Appeals, 15th District, 2025

Pfizer Inc. and Tris Pharma, Inc. v. the State of Texas and Tarik Ahmed

Pfizer Inc. and Tris Pharma, Inc. v. the State of Texas and Tarik Ahmed
Texas Court of Appeals, 15th District · Decided April 11, 2025
Pfizer Inc. and Tris Pharma, Inc. v. the State of Texas and Tarik Ahmed

Opinion

ACCEPTED 15-25-00021-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/11/2025 3:48 PM No. 15-25-00021-CV CHRISTOPHER A. PRINE CLERK In the Fifteenth Court of Appeals FILED IN 15th COURT OF APPEALS Austin, Texas AUSTIN, TEXAS _____________________________________________________________________________________________ 4/11/2025 3:48:53 PM PFIZER INC. and TRIS PHARMA, INC., CHRISTOPHER Clerk A. PRINE Petitioners/Defendants, v. The STATE OF TEXAS and TARIK AHMED, Respondents/Plaintiffs. _____________________________________________________________________________________________ Permissive Appeal from the 71st Judicial District Court, Harrison County, Texas

WILLIAM E. LAWLER’S UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION

William E. Lawler III BLANK ROME LLP 1825 Eye St. N.W. Washington, D.C. 20006-5403 [email protected] Tel: 202.420.2249 Fax: 202.330.5460 ATTORNEY FOR PETITIONER/DEFENDANT, TRIS PHARMA, INC. TO THE HONORABLE COURT OF APPEALS: I, William E. Lawler, move the Court for permission to appear before the Court pro hac vice, under the authority of the Rules Governing Admission to the Bar of Texas, Rule XIX, as attorney for Petitioner/Defendant,TRIS PHARMA, INC., and would show the Court the following: I.

FACTS 1. My contact information is as follows: BLANK ROME LLP 1825 Eye St. N.W. Washington, D.C. 20006-5403 Tel: 202.420.2249 Fax: 202.330.5460 [email protected]

2. I am associated with resident attorney Harry “Gil” Gillam, Jr. who will personally participate in the appeal of this case on behalf of Petitioner/Defendant, TRIS PHARMA, INC. He is a practicing attorney and a member in good standing with the State Bar of Texas. His state bar number and contact information is as follows: Harry “Gil” Gillam, Jr. State No. 07921800 GILLAM & SMITH LLP S. Washington Ave. Tel: 903- 934-8450 Fax: 903-934-9257 [email protected] Mr. Harry “Gil” Gillam, Jr is concurrently filing an unopposed motion recommending that I be granted permission to participate in the proceeding before the Court. Exhibit A.

3. I am an active member in good standing in District of Columbia [398951] adm 05/12/1986; Maryland [8512010354]; USDC-ED New York; USDC-SD Texas; USDC Virgins Islands; US COA Dist of Columbia; US COA Fifth Circuit; US COA Second Circuit. I have not been the subject of disciplinary action by the Bar or courts of any jurisdiction in which I have been licensed. A certificate of good standing from the District of Columbia is attached hereto as Exhibit A.

4. I have not been denied admission to the courts of any state or to any federal court during the last five (5) years.

5. I am familiar with the State Bar Act, the State Bar Rules, and the Texas Disciplinary Rules of Professional Conduct governing the conduct of members of the State Bar of Texas. I will at all times abide by and comply with those rules as long as this cause of action is pending and I have not withdrawn as counsel from the proceeding.

6. In the last two (2) years, I have Not appeared in cases in Texas courts.

7. Proof of payment from the Board of Law Examiners is attached as Exhibit B.

II.

PRAYER For these reasons, I ask this Court to grant my Unopposed Motion for Pro Hac Vice Admission and allow me to appear before this Court in this proceeding until the conclusion of this case.

Respectfully submitted,

/s/ William E. Lawler III William E. Lawler III BLANK ROME LLP 1825 Eye St. N.W. Washington, D.C. 20006-5403 [email protected] Tel: 202.420.2249 Fax: 202.330.5460 ATTORNEY FOR PETITIONER/DEFENDANT, TRIS PHARMA, INC.

DECLARATION My name is William E. Lawler III, my date of birth is May 21, 1960, and my business address is 1825 Eye St. N.W, Washington, D.C. 20006-5403, United States of America. I declare under penalty of perjury that the foregoing is true and correct.

Executed in District of Columbia on the 11th day of April 2025.

/s/ William E. Lawler III William E. Lawler III CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was forwarded to all counsel of record by electronic filing in accordance with the Texas Rules of Appellate Procedure on April 11, 2025.

COUNSEL FOR PETITIONER/DEFENDANT PFIZER, INC.: FOLEY & LARDNER LLP Edward D. (“Ed”) Burbach Texas State Bar No. 03355250 Stacy R. Obenhaus Texas State Bar No. 15161570 Congress Avenue, Suite 2900 Austin, Texas 78701 [email protected] [email protected] (512) 542-7070 THE VAL JONES LAW FIRM George Valton (“Val”) Jones Texas State Bar No. 10888050 West Austin St. Marshall, TX 75670-3340 [email protected] (903) 927-2220 ROPES & GRAY LLP Samantha Barrett Badlam (application for pro hoc admission pending) Stefan P. Schropp (application for pro hoc admission pending) 2099 Pennsylvania Ave., N.W. Washington, DC 20006-6807 [email protected] [email protected] (202) 508-4734 COUNSEL FOR RESPONDENT/PLAINTIFF THE STATE OF TEXAS: Jonathan Bonilla Texas State Bar No. 24073939 Jordan Underhill Texas State Bar No. 24102586 Vivian Egbu Texas State Bar No. 24079078 Brittany Peters Texas State Bar No. 24124762 Office of the Attorney General, Civil Medicaid Fraud Division P.O. Box 12548, Capitol Station Austin, TX 78711-2548 [email protected] [email protected] [email protected] [email protected] (512) 475-4169 COUNSEL FOR RESPONDENT/PLAINTIFF TARIK AHMED: BROWN, LLC Jason T. Brown [email protected] Patrick S. Almonrode [email protected] Town Square Place, Suite 400 Jersey City, NJ 07310 (877) 561-0000 POTTER MINTON, P.C.

Michael E. Jones [email protected] E. Glenn Thames, Jr. [email protected] North College, Suite 900 Tyler, TX 75702 (903) 597-8311 /s/ Harry “Gil” Gillam, Jr. Harry “Gil” Gillam, Jr. No. 15-25-00021-CV In the Fifteenth Court of Appeals Austin, Texas _____________________________________________________________________________________________ PFIZER INC. and TRIS PHARMA, INC., Petitioners/Defendants, v. The STATE OF TEXAS and TARIK AHMED, Respondents/Plaintiffs. _____________________________________________________________________________________________ Permissive Appeal from the 71st Judicial District Court, Harrison County, Texas

MOTION OF HARRY GILLAM, JR. IN SUPPORT OF MOTION TO ADMIT WILLIAMS E. LAWLER PRO HAC VICE TO THE HONORABLE COURT OF APPEALS: I, Harry “Gil” Gillam, Jr., hereby declare under penalty of perjury under the laws of the United States of America:.

a. My office address is 303 South Washington Avenue, Marshall, Texas 75670. My office telephone number is (903) 934-8450. My office facsimile number is (903) 934-9257. My email address is [email protected].

b. I am familiar with William E. Lawler, and I find him to be a reputable attorney and recommend that he be granted permission to participate in the particular proceeding before the court.

I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct

Dated: April ,2025 Respectfully submitted, By:/s/ Harry “Gil” Gillam, Jr. Harry “Gil” Gillam, Jr. Texas State Bar. No. 07921800 [email protected] S. Washington Ave. Marshall, Texas 75670 (903) 934-8450 (telephone) (903) 934-9257 (facsimile) Exhibit A On behalf of JULIO A. CASTILLO, Clerk of the District of Columbia Court of Appeals, the District of Columbia Bar does hereby certify that

William E Lawler III was duly qualified and admitted on May 12, 1986 as an attorney and counselor entitled to practice before this Court; and is, on the date indicated below, an Active member in good standing of this Bar.

In Testimony Whereof, I have hereunto subscribed my name and affixed the seal of this Court at the City of Washington, D.C., on March 18, 2025.

JULIO A. CASTILLO Clerk of the Court

Issued By:

David Chu - Director, Membership District of Columbia Bar Membership

For questions or concerns, please contact the D.C. Bar Membership Office at 202-626-3475 or email [email protected].

Exhibit B Board of Law Examiners Appointed by the Supreme Court of Texas March 18, 2025

William E. Lawler III Via: E-Mail

Acknowledgment Letter Non-Resident Attorney Fee According to Texas Government Code §82.0361, "a nonresident attorney requesting permission to participate in proceedings in a court in this state shall pay a fee of $250 for each case in which the attorney is requesting to participate." This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter: Non-resident attorney: William E. Lawler III Case: 15-25-00021-CV Texas court or body: Fifteenth Court of Appeals Austin, Texas

After satisfying the fee requirement, a non-resident attorney shall file a motion in the Texas court or body in which the non-resident attorney is requesting permission to appear. The motion shall contain the information and statements required by Rule 19(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied by this Acknowledgment Letter and by a motion from a resident practicing Texas attorney that contains the statements required by Rule 19(b).

The decision to grant or deny a non-resident attorney's motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed.

For more information, please see Rule 19 of the Rules Governing Admission to the Bar of Texas and §82.0361, of the Texas Government Code, which can be found on the Board's website.

MAILING ADDRESS TELEPHONE: 512- 463-1621 - FACSIMILE: 512- 463-5300 STREET ADDRESS Post Office Box 13486 WEBSITE: www.ble.texas.gov 205 West 14th Street, Ste.500 Austin,Texas 78711-3486 Austin, Texas 78701 Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Harry Gillam, Jr. Bar No. 7921800 [email protected] Envelope ID: 99585172 Filing Code Description: Motion Filing Description: WILLIAM E. LAWLERS UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION Status as of 4/11/2025 4:14 PM CST Associated Case Party: Pfizer Inc. Name BarNumber Email TimestampSubmitted Status Stacy Obenhaus [email protected] 4/11/2025 3:48:53 PM SENT Kristin Hernandez [email protected] 4/11/2025 3:48:53 PM SENT Stefan Schropp [email protected] 4/11/2025 3:48:53 PM SENT Samantha BarrettBadlam [email protected] 4/11/2025 3:48:53 PM SENT Edward Burbach [email protected] 4/11/2025 3:48:53 PM SENT George Valton [email protected] 4/11/2025 3:48:53 PM SENT

Associated Case Party: Tris Pharma Inc. Name BarNumber Email TimestampSubmitted Status Harry Gillam 7921800 [email protected] 4/11/2025 3:48:53 PM SENT Andrew Gorham 24012715 [email protected] 4/11/2025 3:48:53 PM SENT M'Liss Hindman [email protected] 4/11/2025 3:48:53 PM SENT William E.Lawler, III [email protected] 4/11/2025 3:48:53 PM SENT Bobbye Pyke [email protected] 4/11/2025 3:48:53 PM SENT Huaou Yan [email protected] 4/11/2025 3:48:53 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Diana Arias [email protected] 4/11/2025 3:48:53 PM SENT Rosa Ferguson [email protected] 4/11/2025 3:48:53 PM SENT Olivia Arias [email protected] 4/11/2025 3:48:53 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Harry Gillam, Jr. Bar No. 7921800 [email protected] Envelope ID: 99585172 Filing Code Description: Motion Filing Description: WILLIAM E. LAWLERS UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION Status as of 4/11/2025 4:14 PM CST Associated Case Party: The State of Texas Name BarNumber Email TimestampSubmitted Status Jonathan Bonilla 24073939 [email protected] 4/11/2025 3:48:53 PM SENT Jordan Underhill 24102586 [email protected] 4/11/2025 3:48:53 PM SENT Nadia Burns 24041176 [email protected] 4/11/2025 3:48:53 PM SENT Vivian Egbu [email protected] 4/11/2025 3:48:53 PM SENT

Associated Case Party: Tarik Ahmed Name BarNumber Email TimestampSubmitted Status Earl Thames 785097 [email protected] 4/11/2025 3:48:53 PM SENT Jason T.Brown [email protected] 4/11/2025 3:48:53 PM SENT Patrick S.Almonrode [email protected] 4/11/2025 3:48:53 PM SENT Michael E.Jones [email protected] 4/11/2025 3:48:53 PM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.