13.1-1045 - Expenses. - Virginia Statutes

§ 13.1-1045. Expenses.

If a derivative action is successful, in whole or in part, or if anything isreceived by the plaintiff as a result of a judgment, compromise or settlementof an action or claim, except as hereinafter provided, the court may awardthe plaintiff reasonable expenses, including reasonable attorney's fees, andshall direct the plaintiff to remit to the limited liability company theremainder of those proceeds received by him or it. On termination of thederivative action, the court may require the plaintiff to pay any defendant'sreasonable expenses, including reasonable attorney's fees, incurred indefending the action if it finds that the action was commenced withoutreasonable cause or the plaintiff did not fairly and adequately represent theinterests of the members and the limited liability company in enforcing theright of the limited liability company.

(1991, c. 168.)