§ 1D-45. Frivolous or malicious actions; attorneys' fees. - North Carolina Statutes

§1D‑45.  Frivolous or malicious actions; attorneys' fees.

The court shall awardreasonable attorneys' fees, resulting from the defense against the punitivedamages claim, against a claimant who files a claim for punitive damages thatthe claimant knows or should have known to be frivolous or malicious.  Thecourt shall award reasonable attorney fees against a defendant who asserts adefense in a punitive damages claim that the defendant knows or should haveknown to be frivolous or malicious. (1995, c. 514, s. 1.)