concurring in part and dissenting in part:
Although I find the competing considerations in this case to be extremely close, on balance I am convinced that the judgment expressed in the majority opinion is correct. Accordingly, I concur in parts I and II-A of the majority opinion, and in the decision to reverse the award of attorney’s fees. However, I am unpersuaded by the rationale underlying part II-B and, therefore, I am unable to subscribe to this portion of the majority opinion.