Scandinavian Airlines System, aka SAS, dba Scandinavian Airlines of North America, Incorporated v. Susan Hardy

Federal Rule of Civil Procedure 4(k)(2) provides that the filing of a waiver of service establishes jurisdiction over a defendant if: (1) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and (2) the exercise of jurisdiction is consistent with the United States Constitution. Fed. R. Civ. P. 4(k)(2). The question presented is: Whether the Due Process Clause of the Fifth Amendment to the United States Constitution authorizes a federal court to exercise specific personal jurisdiction over a foreign corporation in a personal injury action arising from an alleged incident and conduct that occurred wholly outside the United States.