450.4514 Termination of derivative proceeding; court order.
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450.4514 Termination of derivative proceeding; court order.
Sec. 514.
If 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.
History: 1993, Act 23, Eff. June 1, 1993 ;-- Am. 2010, Act 290 , Imd. Eff. Dec. 16, 2010