In Aqua-Culture Tech., Ltd. v. Holly, 677 So. 2d 171 (Miss. 1996) the court awarded attorney's fees directly against the improperly-acting shareholder. The shareholder appealed on that issue contending that attorney's fees are not a proper element of damage under the "American rule" regarding attorney's fees in litigation. Id. The Mississippi Supreme Court upheld the award on the basis that the shareholder's conduct was so egregious that it would have supported an award of punitive damages, even though such an award was not made at the trial level, and that attorney's fees are proper in cases where punitive damages are justified. Id.