Cases
Experience: Business/Commercial Litigation: Lead counsel in ongoing state court litigation against a commercial l
lord in a wrongful eviction suit where our client, a national fast-food franchisee, was wrongfully evicted for an alleged non-monetary breach of lease.
On-going defense of a health club chain client against a $500,000 claim for overtime wages made by former employees under the Fair Labor St
ards Act. We are opposing an attempt by Plaintiff to obtain class certification.
Defended client in Dallas federal court litigation arising from a dispute over possession of a cell phone tower, including claims of successor liability to the previous owner of the towers. The matter involved expenses of $750,000,
our client was ultimately dismissed from the case by the plaintiff.
Filed suit against a defaulting tenant under a commercial lease in Austin, Texas. The tenant ab
oned premises without excuse
the property owner sued for damages valued at $750,000. The matter settled June 2017.
Prosecuted
defended separate covenant-not-to-compete claims: one claim by our client, a regional flooring service company, was made against a former employee, while the other claim is against our client for hiring an employee who was covered by a non-compete from a prior employer. Both matters were settled March 2017.
Obtained dismissal of RICO claims against clients in a multi-party adversary proceeding by filing a Rule 12(b)(6) Motion to Dismiss in U.S. Bankruptcy Court. June 2010
As lead counsel, negotiated dismissal of federal RICO
state law fraud claims against client in U.S. District Court in Austin, Texas after filing Motions to Dismiss with the Court. November 2009
Led a trial team in a three-day, non-jury trial in Tarrant County, Texas where we obtained a judgment for $195,000 for our client - an unpaid, general contractor - who had performed substantial tenant finish-out work. The court ordered foreclosure of the contractor's mechanic's lien. 2009
As lead counsel, successfully obtained a court order removing a mechanic's lien wrongfully filed against a construction project in the District Court of Denton County, Texas. 2009
As lead counsel in a one-day, non-jury trial in Dallas County, Texas, obtained a judgment for $119,000.00 on behalf of client - an unpaid flooring supplier -- against the management company of an apartment complex, overcoming the argument that the management company was merely an agent for a disclosed principal. The judgment was collected. 2009
As lead counsel, obtained a final summary judgment in Travis County, Texas dismissing all claims against client shopping center developer from Round Rock, Texas, in a suit brought by a materials supplier against the developer
the general contractor on the project. 2008
Obtained settlement on behalf of client general contractor for his breach of warranty claims against a nationally known paint manufacturer
its local distributor for an amount exceeding $110,000.00 arising from improper catalyzation of a staining product used on wooden cabinets inside the residence. 2008
Lead counsel for Plano, Texas homeowners, settling breach of warranty claims against a nationally known water heater manufacturer for $1.15 million, after the water heater ruptured
flooded the house. 2005
Successfully brought a Texas Lemon Law Claim against BMW North America on behalf of his client resulting in a br
new vehicle to replace the defective vehicle. 2005
Divorce/Family Law: Obtained judgment in a non-jury trial in Dallas County, Texas, awarding client/parent exclusive right to designate the primary residence of two children. 2007
Successful Collin County, Texas jury trial, where client/parent was awarded the exclusive right to designate the children's primary residence. 2002
Successful Denton County, Texas jury trial, where client was awarded the exclusive right to designate the child's primary residence. 1999
Tony Mallers has represented clients in dozens of family law cases, including divorce, paternity, modifications, enforcement, breach of alimony contracts,
interpretation
enforcement of pre-nuptial
post-nuptial agreements. By far, the vast majority of these cases have settled out of court after a few preliminary hearings, depositions, or mediations. Tony has demonstrated skill
expertise in guiding his clients through the difficult
many times traumatic emotional
financial experience of divorce. 1987-present
