§ 21-281 — Payment of expenses

(MBCA 7.46) On termination of the derivative
proceeding the court may:
(1) Order the corporation
to pay the plaintiff's reasonable expenses, including attorney's fees, incurred
in the proceeding if it finds that the proceeding has resulted in a substantial
benefit to the corporation;
(2) Order the plaintiff to pay any defendant's reasonable
expenses, including attorney's fees, incurred in defending the proceeding
if it finds that the proceeding was commenced or maintained without reasonable
cause or for an improper purpose; or
(3) Order a party to pay an opposing party's reasonable
expenses, including attorney's fees, incurred because of the filing of a pleading,
motion, or other paper, if it finds that the pleading, motion, or other paper
was not well grounded in fact, after reasonable inquiry, or warranted by existing
law or a good faith argument for the extension, modification, or reversal
of existing law and was interposed for an improper purpose, such as to harass
or cause unnecessary delay or needless increase in the cost of litigation.

Legislative History

Source: Laws 2014, LB749, § 81.