(a) In an action brought by a private person under Alaska Stat. § 45.50.471 – 45.50.561, a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate.
Terms Used In Alaska Statutes 45.50.537
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Plaintiff: The person who files the complaint in a civil lawsuit.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Unless the action is found to be frivolous, in an action brought by a private person under Alaska Stat. § 45.50.471 – 45.50.561, a prevailing defendant shall be awarded attorney fees and costs as provided by court rule. If the action is found to be frivolous, the attorney fees to be awarded to the defendant shall be full reasonable attorney fees at the prevailing reasonable rate.(c) Notwithstanding the other provisions of this section, in an action brought by a private person under Alaska Stat. § 45.50.471 – 45.50.561, if the plaintiff is not the prevailing party and if the court finds that the action was brought by the plaintiff to obtain a competitive business advantage, the court shall award a prevailing defendant costs as provided by court rule, full reasonable attorney fees at the prevailing reasonable rate, and any damages suffered by the prevailing defendant as a result of the plaintiff’s allegations.(d) In an action brought by the attorney general under Alaska Stat. § 45.50.471 – 45.50.561, if the attorney general prevails, the state shall be awarded its actual attorney fees and costs, including costs of investigation, to the extent those fees and costs are reasonable.(e) In this section, “frivolous” means
(1) not reasonably based on evidence or on existing law or a reasonable extension, modification, or reversal of existing law; or(2) brought to harass the defendant or to cause unnecessary delay or needless expense.
