"Most of Dimension's legal fees were spent on the motions to dismiss, and the counterclaims, and not mere defense."
How would you know this? You don't, but state that you do. There were three different opportunities for a final summary judgment. I was witness to one (4/14)and Dimension did prove TMM knew of DFMI, but the judge didn't do her job right. Instead she made comments like "I'm going to give TMM enough rope to hang themselves." Is it Dimension's fault that a judge, not doing her duty, didn't stop this lawsuit at the time? I think you'll find that's when Dimension countersued.
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