Talmage Boston

Talmage has been Board Certified in Civil Trial Law since 1988 and Civil Appellate Law since 1990 by Texas Board of Legal Specialization. He has previously served as the Chairman of the State Bar of Texas’ Litigation Section, and Chairman of the Dallas Bar Association’s Business Litigation Section.

Recent success stories:

1. A large national bank recently had a customer who was having a serious problem with the enforceability of its contracts. The bank officer sent that customer to Talmage.  He supervised the legal research necessary to verify that the customer’s legal position was solid, and, in fact, it was very solid.  He then sent a demand letter to the offender who at first claimed that its legal position had merit. He then filed a lawsuit on behalf of my client, with lots of paper discovery attached which showed the offender that they meant business–but continued to dialog with the offender’s attorney—and succeeded in persuading that lawyer that his client was in the right, under Texas law, and the offender was in the wrong.

   Talmage reaching a settlement with the offender, under the terms of which, the offender has agreed to stop offending, and also agreed to pay for all of his client’s attorneys’ fees incurred on this matter to date—$35,000.

2. Talmage prevailed (in 2-1 victory) in getting the court of appeals to reverse trial court’s wrongful refusal to enforce an arbitration provision.
3. Talmage prevailed (in unanimous opinion) in getting the probate court’s summary judgment affirmed in dispute among siblings over their father’s estate. The client was wrongfully accused by his siblings of breaching his fiduciary duty as co-trustee of a revocable trust. Talmage succeeded in getting him totally cleared while also prevailing on the case’s key evidentiary rulings.
4. Represented a major motor vehicle distributorship that was sued for tortious interference with a contractual relationship by an out-of-state distributor competitor.  The plaintiff sought damages of several million dollars, and Talmage succeeded in getting the case settled and dismissed in less than six months, under the terms of which the plaintiff received nothing from our client.
5. Represented a major financial investment advisor who sought to consummate a business divorce in order to disconnect from his troublesome long-time partner.  Talmage’s client achieved the desired disconnect result by obtaining a favorable pre-litigation settlement at mediation, thereby avoiding his client’s having to pay what would have been substantial litigation fees.
6. Represented a family member sued by his two siblings in matters involving the decedent father’s estate and non-testamentary trust.  Talmage prevailed in getting a final summary judgment from a Dallas County Probate Court, the result of which resulted in his client’s walking away from all liability.  The losing parties are now appealing the case to the Dallas Court of Appeals – all briefs are now in and they are waiting to hear when the oral argument to the Court of Appeals is scheduled.
7. Represented the financial services decisions of a major automobile manufacturer against a breach of contract claim asserted by one of its former vendors.  Again, Talmage got the case settled favorably and promptly by pursuing a pre-litigation mediation, thereby avoiding his client’s having to pay what would have been significant litigation fees.