“In addition to finding that Petitioner’s claims were not frivolous, the Court does not find other evidence of Petitioner’s lack of an honesty of purpose in this case,” Judge John J. Tuchi wrote. “Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys’ fees in this matter.”
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