(a)Defendant’s expenses. On termination of the proceeding, the court may require the plaintiff to pay any defendant‘s reasonable expenses, including attorneys’ fees, incurred in defending the proceeding, if it finds that the proceeding was commenced without reasonable cause.
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Terms Used In Tennessee Code 48-249-804

  • Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • LLC: means a limited liability company, organized under chapters 201-248 of this title. See Tennessee Code 48-202-101
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Proceeding: means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, and whether formal or informal. See Tennessee Code 48-249-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
(b)Plaintiff’s expenses. If a derivative proceeding is successful in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of any such proceeding, the court may award the plaintiff its reasonable expenses, including reasonable attorneys’ fees. If anything is so received by the plaintiff, the court shall make such award of the plaintiff’s expenses payable out of those proceeds and direct the plaintiff to remit to the LLC the remainder of anything received, and if those proceeds are insufficient to reimburse the plaintiff’s reasonable expenses, the court may direct that any such award of the plaintiff’s expenses, or portion of the expenses, be paid by the LLC.
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