Machnicki v. Kurowski

Court ordered Plaintiffs to pay $339,000 in attorney fees and expenses pursuant to Section 12.60(j) of Business Corporation Act. The plain language of section 12.60(j) does not limit fee awards to situations where the allegedly arbitrary, vexatious, or not in good faith acts took place within the litigation. Thus, no error in court considering actions of Plaintiffs which were outside of the section 12.56 claim of Defendant. Court had discretion to award only those attorney fees and expenses that were incurred in the prosecution of the Section 12.56 claim.(HYMAN and WALKER, concurring.)