Nebraska Statutes 28-347.03. Dismemberment abortion; cause of action; judgment; attorney’s fees
(1) If judgment is rendered in favor of the plaintiff in an action described in section 28-347.01 or 28-347.02, the court shall also render judgment for reasonable attorney‘s fees in favor of the plaintiff against the defendant.
Terms Used In Nebraska Statutes 28-347.03
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) If judgment is rendered in favor of the defendant in an action described in section 28-347.01 or 28-347.02 and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney’s fees in favor of the defendant against the plaintiff.
(3) No attorney’s fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (2) of this section.