Firm Profile

Derek Merman, the food poisoning lawyer, focuses on cases that involve important social issues, serious injuries and negligent corporations.  Food poisoning, because of its pervasive nature, is one of the social issues The Merman Law Firm has chosen to champion.  The Merman Law Firm recognizes that the best way to effect social change (ie. make food manufacturers and distributors accountable for their negligence) is by actively and aggressively pursuing litigation on behalf of innocent consumers victimized by food borne illnesses.  Legislation only gets us so far and products that have been recalled have already been caught by the only governmental agency charged with ensuring food safety, the FDA.  The offending companies have already broken the law, but the penalties are not strong enough to deter others from cutting corners handling our food.  Through litigation we bring the issue to the doorstep of those that have the power to correct the problem – the food manufacturers.  That is why Derek wants to be your food poisoning lawyer!

Since losing his father in a plane accident caused by a negligent plane manufacturer, Mr. Merman has personal knowledge of how important it is to have a skilled and caring personal injury attorney. By keeping a small docket, he is able to treat his clients like family and takes great pride in providing his clients with the attention, care and compassion they deserve.

Derek Merman graduated from Baylor University in 1998 with a B.S. in Biology.  Mr. Merman focused his study on the effects of viruses, bacteria, and heavy metals on plants and the environment.  Baylor University consistently ranks in the top 100 univeristies in the world for scientific study.  Mr. Merman excelled in his undergraduate studies and was offered a full scholarship for a master’s degree in biological sciences at Colorado State University.  Mr. Merman chose to focus his talents and attention on the law as the best way to affect positive social and environmental change.  Mr. Merman is intimately familiar with the proper process for raising and packaging food for sale and distribution.

He attended law school at the University of Houston Law Center where he graduated cum laude in 2004.  As a practicing lawyer, Mr. Merman has been lead attorney on more than a dozen trials and has won two verdicts in excess of $10,000,000.  He was named one of the top 100 trial lawyers in Texas for six straight years (2007-present) and was recently named one of the top 40 trial lawyers under 40 years old.

Mr. Merman has helped his clients recover millions of dollars in verdicts and settlements during his career.  Damages depend on the facts of the case, but in every circumstance, Derek endeavors to achieve high settlements and verdicts for each and every client.

Derek is licensed to practice law before every state court in Texas and the Eastern, Northern and Southern Federal District Courts of Texas. He is also licensed to to practice before the Fifth Circuit Court of Appeals and has a case pending before the U.S. Supreme Court.

Awards and Notable Acheivements

Top 40 Trial Lawyers under 40 – The National Trial Lawyers Association.  2012-present

In 2012, Mr. Merman was selected as one of the top 40 lawyers under 40 in Texas by the Nation Trial Lawyers Association.  “Membership into the Top 40 Under 40 is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results and leadership as a young trial lawyer.”  Mr. Merman was one of only forty trial lawyers from the State of Texas chosen for membership in this exclusive and austere group of exceptional lawyers.


Top 100 Trial Lawyers in Texas – The National Trial Lawyers Association.  2007-present

The National Trial Lawyers is a national organization composed of The Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers.  Mr. Merman was first selected as one of the top 100 trial lawyers in Texas in 2009 and has remained a member of this exclusive group for four years and counting.


Top Young Lawyers in Texas – Superlawyers/Texas Monthly Magazine 2009/2012

Mr. Merman was selected for inclusion in the 2009 Rising Stars edition of the Superlawyers.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.


Largest Individual Civil Rights Verdict in Texas History – January 2011

Mr. Merman and his Co-Counsel, Robert Luke, won an unprecedented $16,050,000 verdict in the Federal District Court in Beaumont, Texas in 2011.  The verdict was more than four-times the verdict rendered in the Rodney King assault and is the largest reported civil-rights verdict in Texas to date.


Top Verdicts in Texas – 2011; #15 overall and #1 for Civil Rights

Mr. Merman’s civil rights case was selected for inclusion in the top 100 verdicts in Texas for the year 2011.  The verdict was in excess of $15Million.  Given that Mr. Merman was co-lead in another trial in 2012 that resulted in another verdict over $10Million, there is a good chance he will be a regular on this exclusive list.

Contact the Food Poisoning Lawyer at the Merman Law Firm toll free at 1-855-Merman5. We are dedicated to providing personal service to food poisoning victims. FREE CONSULTATION.