The United States Court of Appeals for the Fifth Circuit, in a matter of first impression, held that Article 33 of the Montreal Convention does not create personal jurisdiction over a foreign airline defendant. That is probably not a surprising or controversial holding. But Hardy v. Scandinavian Airlines Sys., also tells a cautionary tale to Defendants about waiving service under Rule 4. Because Scandinavian waived service under Rule 4, the Fifth Circuit explained, the Eastern District of Louisiana could maintain personal jurisdiction over Scandinavian under Rule 4(k)(2), despite Scandinavian having no contacts to Louisiana, because of Scandinavian’s minimal contacts to the United States writ large. This is a good read if you are representing foreign defendants. Be careful out there.