31(b) (2008) (defining a broad range of behavior that will trigger a court's power to allocate expenses, that is, if the corporation "did not substantially comply" with specified requirements or if the corporation or one or more shareholders acted "arbitrarily, vexatiously
, or not in good faith with respect to the rights" granted by chapter 13), with Montgomery Cellular, 880 A.
Current case law, however, includes exceptions to the American Rule if attorneys fees are allocated by contract or if one party has acted vexatiously
In his second chapter, and even more vexatiously
, Pearson continues to pursue the spatial entanglements of frame imagery.
Its aim is to minimise legal costs and discourage frivolous and malicious claims, inter alia through the requirement of a filing fee, the ability of the AIRC to arbitrate rather than the claim going to court, and award costs in cases of applications instituted vexatiously
, and the increased emphasis on the substantive reasons for dismissal rather than procedural aspects.
On these and other matters, the meager record is vexatiously
silent, giving us neither the faces nor the passions of the first Black Americans.
She contends the city's prior actions regarding her property were carried out in "bad faith, vexatiously
, wantonly, for oppressive reasons or with reckless disregard, and in violation of societal norms, in injuring and interfering with the Plaintiffs, rights to due process and their constitutionally protected rights.
Also, there are stiff penalties for attorneys or others practicing before the Tax Court who "(multiply) the proceedings in any case unreasonably and vexatiously
it provides that when the person has unreasonably and vexatiously
multiplied the proceedings in any case, he or she shall pay the excess costs, expenses, and attorneys' fees which result.
Costs awards can be made for example if hearings are postponed late in the day due to the action of a party; if a party fails to comply with an order made by the tribunal, or the employment judge or tribunal is of the opinion that, either the party (in bringing proceedings), or the party or their representative (in conducting proceedings), has acted vexatiously
, abusively, disruptively, or otherwise unreasonably, or that the bringing or conducting of proceedings has been misconceived.
What remains unclear, unfortunately, is the extent to which this new standard subsumes consideration of the subjective intentions of an attorney who unreasonably and vexatiously
multiplies the proceedings.
157) Rather, the court held that the prosecutor had a reasonable basis for proceeding against the defendant and did not act vexatiously
, frivolously, or in bad faith.