1D-45. Frivolous or malicious actions; attorneys' fees.
The court shall award reasonable attorneys' fees, resulting from the defense against the punitive damages claim, against a claimant who files a claim for punitive damages that the claimant knows or should have known to be frivolous or malicious. The court shall award reasonable attorney fees against a defendant who asserts a defense in a punitive damages claim that the defendant knows or should have known to be frivolous or malicious. (1995, c. 514, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 1D-1 - Purpose of punitive damages.
§ 1D-10 - Scope of the Chapter.
§ 1D-15 - Standards for recovery of punitive damages.
§ 1D-20 - Election of extracompensatory remedies.
§ 1D-25 - Limitation of amount of recovery.
§ 1D-26 - Driving while impaired; exemption from cap.
§ 1D-35 - Punitive damages awards.