If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment.
History: Laws 2007, ch. 40, § 8; 2015, ch. 128, § 7.
ANNOTATIONS
The 2015 amendment, effective June 19, 2015, authorized attorney’s fees in civil actions pursuant to the Fraud Against Taxpayers Act when the defendant prevails against a qui tam plaintiff who proceeds with the action without the state or political subdivision as a party to the action; and after “If the state”, added “or political subdivision”.