[§671D-12]  Attorney's fees.  (a)  In
any suit brought against a defendant, to the extent that a defendant has met
the standards set forth under section 671D-11(a) and the defendant
substantially prevails, the court, at the conclusion of the action, shall award
to a substantially prevailing party defending against any such claim the cost
of the suit attributable to such claim, including a reasonable attorney's fee,
if the claim, or the claimant's conduct during the litigation of the claim, was
frivolous, unreasonable, without foundation, or in bad faith.



(b)  For the purposes of this section, a
defendant shall not be considered to have substantially prevailed when the
plaintiff obtains an award for damages, or permanent injunctive or declaratory
relief. [L 1989, c 354, pt of §3 and c 363, pt of §3]



 



Cross References



 



  Vexatious litigants, see chapter 634J.