I expect that most plaintiffs in derivative actions do not expect to pay a defendant's attorneys' fees if they lose because under the "American Rule" each side pays their own attorneys' fees, regardless of who wins. A contract may, of course,...
Unsuccessful Derivative Plaintiff Found Personally Liable For Defendant's Attorneys' Fees
Posted on June 04, 2021
Shareholder Derivative Suit Or Derivative Action?
Posted on August 25, 2017
I have long puzzled over the question of which is correct - "derivative suit" or "derivative action"? Historically, the term "suit" was used for proceedings in equity. California courts have generally regarded shareholder derivative claims as...