Texas Attorney General Accused of Forum Shopping Despite Past Opposition

Texas Attorney General Ken Paxton has faced criticism for allegedly engaging in forum shopping after suing pharmaceutical companies tied to Tylenol in Panola County—a small, rural county with limited judicial experience in complex litigation. The lawsuit, filed in October, mirrors claims made by Health and Human Services Secretary Robert F. Kennedy Jr., linking Tylenol to autism and ADHD in children. Paxton’s decision to file the case in a conservative, Trump-friendly jurisdiction has raised eyebrows, as legal experts argue it undermines his past opposition to the practice.

Paxton, a close ally of former President Donald Trump, accused drugmakers of marketing Tylenol to pregnant mothers without disclosing its alleged dangers. The suit was filed in Panola County, a community of 23,000 residents near the Louisiana border, where Trump won by a landslide in 2020. Critics argue that this choice of venue is strategic, as it likely aims to secure a favorable judge and jury.

The case highlights a broader pattern in Paxton’s approach to litigation. Over the past nine years, his office has filed at least 30 cases in counties with tenuous connections to the allegations, according to an investigation by ProPublica and The Texas Tribune. This marks a stark departure from Paxton’s earlier stance as a vocal opponent of forum shopping. In a 2017 legal brief, he urged the U.S. Supreme Court to crack down on the practice, calling it harmful to judicial fairness.

Legal experts question whether Paxton’s strategy aligns with Texas’ consumer protection laws, which require lawsuits to be filed in counties where a “substantial” part of the alleged violation occurred. Michael Ariens, a professor at St. Mary’s University School of Law, noted that Paxton’s approach appears to prioritize litigation tactics over legal principles.

Paxton has not responded to requests for comment, but his actions have drawn sharp criticism from both legal experts and former colleagues. His predecessor, Greg Abbott, and U.S. Sen. John Cornyn, who he is now running against, did not employ this strategy during their tenures. The case raises concerns about the fairness of the justice system and sets a precedent for future litigation in Texas.