Cady v. Johnson
In Cady v. Johnson, 671 P.2d 149, 151 (Utah 1983), the Court concluded that the plaintiffs' failure to research an issue as instructed at pre-trial conference was insufficient, standing alone, to constitute bad faith, even though such research would have led to the discovery that the plaintiffs had no valid claim. Cady, 671 P.2d at 151-52.
The Court stated:
Plaintiffs were clearly pursuing a meritless claim and better preparation might well have disclosed that to them. However, that conduct does not rise to lack of good faith. The evidence must also affirmatively establish a lack of at least one of the three elements of good faith heretofore discussed. There was no evidence that plaintiffs lacked an honest (although ill-formed) belief in their claim . . . ." Id. at 152.