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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Federal Counterclaim Cannot Create Original Jurisdiction

Posted in Jurisdiction

First Step Child Care Center, Inc. v. KASI Designs, Inc., No. 10 C 7372, Slip Op. (N.D. Ill. Mar. 24, 2011) (Lefkow, J.).

Judge Lefkow remanded plaintiff’s state claims involving the building of a child care center to state court. Defendant removed the case from state court alleging that it would bring copyright counterclaims. But defendant never asserted its counterclaims, and even if it had counterclaims cannot create original jurisdiction.