United States Seventh Circuit

In a suit alleging copyright infringement and various state-law claims,denial of attorney's fees for defendants and sua sponte dismissal of their counter claims is reversed and remanded where: 1) the district court did not explain why it dismissed the counterclaims and its apparent rationale, a defect in jurisdiction or venue, was unsupported by the record; and 2) defendant was the prevailing party and was entitled to an award of attorney's fees under section 505 of the Copyright Act.

Appellate Information

• Argued 05/02/2007
• Decided 05/27/2008
• Published 05/27/2008

Judges

• SYKES, Circuit Judge., Before EVANS, WILLIAMS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michael A. Maciejewski (argued), Elmhurst, IL, for Plaintiff-Appellee., Daniel W. McDonald (argued), Merchant & Gould, Minneapolis, MN, Donald B. Levine, Latimer Levay Jurasek, Chicago, IL, for Defendants-Appellants.