Things to remember A party can raise a defense of PJ no latter than the answer. Do not forget to talk about the 5 fairness factors: burden on D; forum interest in adjudicating the case; ability to get a convenient and effective relief, and policy. In in rem actions property most likely cannot be the only contact unless the action comes out of that property. For venue a corporation is deemed to reside in every district inside the state of its incorporation, regardless if it has any physical presence in the state. If a case is in federal court and they want to go to a different district they will not use FNC because this dismisses the case; instead they ill transfer. For SMJ corporations are where the nerve center and muscle is at. State of incorporation and where principle place of business is at. o If it is a non-incorporated business they are deemed to be citizens of every state they have a member in Federal court will have SMJ over bankruptcy, patent, copyright infringement, etc. For diversity, citizenship is based on domicile not residence. For diversity for corporations they can be citizens in both the state of incorporation and where they have their principle place of business. o For unincorpated entities if any of the members are in the same state as the P then there is no diversity. A state court case can be transferred to the federal district court, if the federal district court could have heard the case originally. For venue if it is a local action like damages to trespass, quite title, involving in rem or quasi in rem actions or other property interest venue is proper in the local jurisdiction and if there are two places it is where most of the property exists. Corporation have proper venue where they would have proper PJ and SMJ. Any party may request a transfer of venue. They can move at any time. SMJ can be challenged by anyone at any time during a lawsuit In raising supplemental jurisdiction for a claim the court first looks to see if it came out of the STOO and if it did it sees if it is based on diversity. Supplemental jurisdiction does not apply when action is based on diversity. If there is an involuntary dismissal by the court, it cannot be tried again unless it was based on lack of venue, PJ, SMJ or failure to join a party. A summary judgment must be made before the commencement of the trial. During the trial there can be a judgment as a matter of law. (summary judgment must be served 10 days before the hearing. In class actions, class actions that are categorized as prejudice class or for injunctive relief are not required to give notice to opt out. If the P’s claim has federal jurisdiction and eth D counter-claim does not it can use supplemental jurisdiction. A compulsory counterclaim will always have supplemental jurisdiction. For joinder PJ must exist for every member who is joined against there will. Do not forget that 1367 supplemental jurisdiction STOO is the first hurdle. You have to check to see if jurisdiction was based upon diversity. If it was you cannot use supplemental jurisdiction to add a part or bring a claim against a third party.
o Also not that if a D want to cross-claim a 3D and add a party, if that cross claim has SMJ based on diversity they can still use SJ to get that other party. It only applies to the P. Once you have a 13(g) cross-claim you can use 18(a) to bring in other claims. If there is going to be a settlement in a class action, all members of the class must be notified. There are two kinds of diversity for class actions o 1 regular diversity that needs all name P diverse from all named D and 75K. o 2 if the aggregated sums are over 5 million and at least 1 class member is diverse from any D then there is jurisdiction. The three situations where a person should be joined are: when it would preclude complete relief; when it is prejudice to the absent parties; and when it would be prejudice to existing parties. 4 factors to consider in superiority of class actions o is there any pending actions if no certification is difficult o would a class make it easier o would it be too difficult o similar interest in the action