Indiana Code
Ind. Code § 24-2-3-5 (2026)
Attorney's fees; conditions
✓ current as of May 2026
Sec. 5. If:
(1) a claim of misappropriation is made in bad faith;
(2) a motion to terminate an injunction is made or resisted in bad faith; or
(3) willful and malicious misappropriation exists;
the court may award reasonable attorney's fees to the prevailing party.
As added by Acts 1982, P.L.148, SEC.1.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2004–2024 · leading case: AGS Capital Corp. v. Prod. Action Int'l, LLC, 884 N.E.2d 294 (Ind. Ct. App. 2008).
AGS Capital Corp. v. Prod. Action Int'l, LLC, 884 N.E.2d 294 (Ind. Ct. App. 2008). “[10] Ind.Code § 24-2-3-5(3). [11] We also note that even if the Appellants were found to have been wrongfully enjoined and their expenses and costs exceeded $2000, they would still be able to pursue the shortage from Product Action.”
Infinity Prods., Inc. v. Quandt, 810 N.E.2d 1028 (Ind. 2004). “Ind.Code Ann. § 24-2-3-5. We conclude that the trial court correctly held that Fabri-Tech could not be held liable absent the proof of scienter required by the uniform act.”
Bioconvergence LLC v. Attariwala (S.D. Ind. 2024). “2 See Refractory Serv. Corp. v. Shaw Refractories, Inc., No.”
FieldWise LLC v. Tegra LLC (N.D. Ind. 2021). “Ind. Code § 24-2-3-5 ; 18 U.S.C. § 1836 (b)(3)(D).”
Small Bus. Lending, LLC v. Pack (S.D. Ind. 2020). “Pack seeks attorneys' fees under Indiana Code § 34-52-1-1, Indiana Code § 24-2-3-5, Indiana common law, the Agreement, and Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A).”
— Ind. Code § 24-2-3-5(3) — 1 case
AGS Capital Corp. v. Prod. Action Int'l, LLC, 884 N.E.2d 294 (Ind. Ct. App. 2008). “[10] Ind.Code § 24-2-3-5(3). [11] We also note that even if the Appellants were found to have been wrongfully enjoined and their expenses and costs exceeded $2000, they would still be able to pursue the shortage from Product Action.”
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