Is there any case law where a defendant has been found to have acted in bad faith in an action to shift fees?

Eng'rs, 776 F.2d 383, 390 (2d Cir. 1985). There is some support for a narrow exception to this rule for cases that have been prosecuted in bad faith. See Eisemann v. Greene, 204 F.3d 393, 395-96 (2d Cir. 2000). For such cases, we have said that the order to shift fees must be justified by a finding supported by clear evidence that (1) the offending party's claims were entirely without color, and (2) the offending party's claims were made in bad faith. See id. at 396. Furthermore, the trial court has very broad discretion to deny an application to shift fees. See id.