Mississippi Code

Miss. Code Ann. § 79-4-7.46 (2026)

Expenses and attorney fees

✓ current as of July 2026

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On termination of the derivative proceeding the court may:

(1) Order the corporation to pay the plaintiff's reasonable expenses (including attorney fees) incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or

(2) Order the plaintiff to pay any defendant's reasonable expenses (including attorney fees) incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose.

Laws, 1993, ch. 368, § 9, eff. 7/1/1993.

Notes of Decisions

Cited in 5 cases, 1999–2020 · leading case: Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001).

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Wyssbrod v. Wittjen, 798 So. 2d 352 (Miss. 2001). · cites it 3× “The court awarded First State Bank attorney's fees and expenses pursuant to the contract between the parties and awarded the same to Wittjen pursuant to Miss.Code Ann. § 79-4-7.46 (1996), stating that the action was without reasonable cause.”

First State Bank of Holly Springs v. Wyssbrod, 124 S.W.3d 566 (Tenn. Ct. App. 2003). “The court awarded First State Bank attorney’s fees and expenses pursuant to the contract between the parties and awarded the same to Wittjen pursuant to Miss.Code Ann. § 79-4-7.46 (1996), stating that the action was without reasonable cause.”

Bill Wyssbrod v. Jackson H. Wittjen (Miss. 1999). · cites it 3× “The court awarded First State Bank attorney's fees and expenses pursuant to the contract between the parties and awarded the same to Wittjen pursuant to Miss. Code Ann. § 79-4-7.46 (1996), stating that the action was without reasonable cause.”

William Leo Boatright & Kelley Boatright v. A & H Tech., Inc., Chester H. Abbott & Carol Abbott (Miss. 2020). “See Miss. Code Ann. § 79-4-7.46 (Rev. 2013). ¶24.”

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