Fiala v. B & B Enterprises

POSNER, Circuit Judge.

This appeal arises out of a RICO class action suit that the district judge dismissed without deciding whether to certify it as a class action. The appeal is from the judge’s denial of the defendants’ application for an award of their attorneys’ fees under Fed.R.Civ.P. 11.

The principal defendant, B & B Enterprises, is a residential real estate developer, mostly of high-end custom-home subdivisions. Active in Wasco, a community in northeastern Illinois, in 1994 B & B (actually a company controlled by it but we can ignore that detail) received from the Was-co Sanitary…