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Nebraska Revised Statutes

Neb. Rev. Stat. § 21-281 (2026)

Payment of expenses

✓ current as of July 2026
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(MBCA 7.46) On termination of the derivative proceeding the court may:

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

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

(3) Order a party to pay an opposing party's reasonable expenses, including attorney's fees, incurred because of the filing of a pleading, motion, or other paper, if it finds that the pleading, motion, or other paper was not well grounded in fact, after reasonable inquiry, or warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law and was interposed for an improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2020–2024 · leading case: Sellers v. Reefer Sys., 305 Neb. 868 (Neb. 2020).
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Sellers v. Reefer Sys., 305 Neb. 868 (Neb. 2020). · cites it 2× “§ 1-148 (Reissue 2012); Neb. Rev. Stat. § 21-281 (Cum. Supp. 2018); Neb.”
Hohenstein v. Hohenstein (Neb. Ct. App. 2023). · cites it 2× “See, also, Neb. Rev. Stat. § 21-281 (Reissue 2022) (current provision of NMBCA with substantially similar language).”
Hohenstein v. Hohenstein (Neb. Ct. App. 2024). · cites it 2× “See, also, Neb. Rev. Stat. § 21-281 (Reissue 2022) (current statutory provision concerning award of attorney fees in derivative actions with substantially similar language).”
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