Tony Mallers

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Summary

Representative Matters

Speaking and Community

Summary

George A. (Tony) Mallers is a Shareholder in the Plano office of Cowles Thompson. During his 34 years as a licensed attorney in Texas, he has focused primarily in the areas of family law and civil litigation, including construction, employment, and real estate litigation, probate court litigation, and representation of parties in real estate transactions. His broad-based civil practice has included representation from both the Plaintiff’s and Defendant’s sides of the docket. Tony routinely handles matters throughout the Dallas-Fort Worth area, including Dallas, Collin, Tarrant, Denton, Rockwall, Grayson, Cooke, Ellis, and Kaufman Counties.

Family Law
Divorce Annulment Property Division Premarital and Postmarital agreements Alimony	Child Support Child Custody and Visitation Paternity Post-divorce Modification Post-divorce Enforcement

Business and Real Estate Litigation
Breach of Contract Breach of Lease Fraud Negligence Deceptive Trade Practices Act	Commercial Landlord-Tenant Eviction Employment contracts Covenants Not to Compete

Construction Law
Breach of Construction Contracts Mechanic’s Lien Litigation	Drafting and Review of Construction Contracts

Wills and Probate
Preparing Wills and Trusts Probating Wills and Representing Executors during probate	Contesting or defending Wills in Court Healthcare Power of Attorney Directive to Physicians

Representative Matters

Business/Commercial Litigation

Lead counsel in ongoing state court litigation against a commercial landlord 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 Standards 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, and 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 abandoned premises without excuse and the property owner sued for damages valued at $750,000. The matter settled June 2017.
Prosecuted and 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 and 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 and 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 and 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 and flooded the house. 2005
Successfully brought a Texas Lemon Law Claim against BMW North America on behalf of his client resulting in a brand 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, and interpretation and enforcement of pre-nuptial and 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 and expertise in guiding his clients through the difficult and many times traumatic emotional and financial experience of divorce. 1987 – present

Speaking Engagements and Community Involvement

“Fundamentals of Mechanic’s Lien Law for Non-Construction Lawyers”, speaker, Continuing Legal Education Seminar, Dallas, TX, June 29, 2010
“Forcible Detainer Actions in Texas,” speaker, Landlord and Tenant Law Seminar, Dallas, TX, Sept. 2007
Legal Aid of Northwest Texas, Volunteer In-take Attorney
Plano Teen Court Program, Volunteer Judge
Jackson Walker Moot Court Competition at SMU Dedman School of Law, Moot Court Judge