Section 44-9-8 - Award of attorney fees and costs to defendant

If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment. History: Laws 2007, ch. 40, § 8; 2015, ch. 128, § 7. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, authorized attorney's fees in civil actions pursuant to the Fraud Against Taxpayers Act when the defendant prevails against a qui tam plaintiff who proceeds with the action without the state or political subdivision as a party to the action; and after 'If the state', added 'or political subdivision'.