Current through Public Act 148 of the 2024 Legislative Session
Section 450.4514 - Termination of derivative proceeding; court orderIf a derivative proceeding is terminated, the court may order 1 of the following:
(a) The plaintiff to pay any of the defendants' reasonable expenses, including reasonable attorney fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained in bad faith or without reasonable cause.(b) The limited liability company to pay the plaintiff's reasonable expenses, including reasonable attorney fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the company. The court shall direct the plaintiff to account to the company for any proceeds received by the plaintiff in excess of expenses awarded by the court, except that this provision does not apply to a judgment rendered for the benefit of an injured member only and limited to a recovery of the loss or damage sustained by that member.Amended by 2010, Act 290,s 21, eff. 12/16/2010.1993, Act 23, eff. 6/1/1993.