The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority to manage corporate assets. One of the trust’s shareholders sued the advisor and its affiliates, asserting claims under the advisory agreement for the alleged improper use of corporate funds for legal expenses. The advisor filed motions objecting to the shareholders’ claims due to a lack of capacity and standing. After the trial court denied the motions, the advisor filed a petition for writ of mandamus in the court of appeals, which was denied, and then in the Texas Supreme Court. The advisor argues that the trial court abused its discretion in allowing the shareholder to bring its claims directly rather than derivatively, as it lacked a personal cause of action and a personal injury, and that the shareholder lacked derivative standing because it did not maintain continuous or contemporaneous ownership of trust shares. The Supreme Court has set the case for oral argument.
Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust
Friday, April 11, 2025
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