positions.” Graunke, 247 Ill. App. 3d at 1022-23; see also Washington Courte Condominium Ass’n-Four v. Washington-Golf Corp., 267 Ill. App. 3d 790, 825-26 (1994). Although this nonexhaustive list of factors was first identified in a consumer fraud case involving a fee petition by a prevailing defendant (Haskell, 204 Ill. App. 3d at 600), these factors have been applied in cases involving fee petitions by both prevailing plaintiffs and prevailing defendants (see Casey, 296 Ill. App. 3d at 106-09 (prevailing defendants’ fee petition); Majcher v. Laurel Motors, Inc., 287 Ill. App. 361 Ill. App. 3d 470, 475 (2005) (rejecting “the notion that a prevailing defendant must show bad faith on the part of the plaintiff prior to being awarded attorney fees”), with Casey, 296 Ill. App. 3d at 108 (<HOLDING>), and Haskell, 204 Ill. App. 3d at 602 (noting
holding that a defendant is the prevailing party within the meaning of statutory provisions awarding attorneys fees to the prevailing party even when the plaintiff voluntarily dismisses the action holding that prevailing plaintiffs and prevailing defendants seeking attorney fees are to be treated alike holding that a bad faith claim is a tort holding that trial court must make a threshold finding of plaintiffs bad faith before awarding fees to a prevailing defendant holding that a finding of plaintiffs bad faith is not a prerequisite to the trial courts exercise of discretion to award fees