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.
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".
Structure New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 9 - Fraud Against Taxpayers Act
Section 44-9-3 - False claims; liability; penalties; exception.
Section 44-9-4 - Investigation by the attorney general; delegation; civil action.
Section 44-9-5 - Civil action by qui tam plaintiff; state or political subdivision may intervene.
Section 44-9-6 - Rights of the qui tam plaintiff and the state or political subdivision.
Section 44-9-7 - Awards to qui tam plaintiff and the state or political subdivision.
Section 44-9-8 - Award of attorney fees and costs to defendant.
Section 44-9-9 - Certain actions barred.
Section 44-9-10 - State or political subdivision not liable.
Section 44-9-11 - Employer interference with employee disclosure; private action for retaliation.
Section 44-9-12 - Limitation of actions; estoppel; standard of proof.