Yup. And to the commenter, as an insurance defense attorney, I see plenty of plaintiff’s attorneys and defense attorneys filing motions/pleadings that could be deemed as frivolous. However, just because you have an argument that will probably lose, does not mean the argument is frivolous. The courts should not be punishing any lawyers for making arguments that may be seen as “Hail Mary passes.” Sometimes, the “Hail Mary Pass” succeeds.