Advancement Claim Advances

November 25, 2024

In In re Schrandt, the Fifth Court addressed the petitioner’s entitlement to advancement of legal fees under company bylaws. The Court agreed with the petitioner’s position, concluding that  the bylaws did not condition entitlement to advancement on whether a party did or did not initiate a suit, or even on whether a suit was pending at all. It also found that mandamus relief was proper for a fee-advancement claim under Fifth Court precedent. No. 05-24-01041-CV, Nov. 22, 2024 (mem .op.). LPHS represented the successful petitioner.