in Shipping Corp. of India — when structuring their transactions, the Supreme Court has held that a reliance interest is insufficient to overcome the presumption of retroactivity set forth in Harper. Reynoldsville Casket Co. v. Hyde, 514 U.S. 749, 753-54, 115 S.Ct. 1745, 131 L.Ed.2d 820 (1995). Accordingly, the presumption of retroactivity set forth in Harper applies in this case. 8 . It is well-established that a party can waive its right to challenge the district court’s personal jurisdiction over it. See Fed.R.Civ.P. 12(h)(1) ("A party waives a[] defense [of lack of personal jurisdiction] by ... failing to either: (i) make it by motion ... or (ii) include it in a responsive pleading .... ”); see also Datskow v. Teledyne, Inc., Cont’l Prods. Div., 899 F.2d 1298, 1303 (2d Cir.1990)
holding that waiver of interest was proper where there had been a long delay in the enforcement action holding that a delay in challenging personal jurisdiction may result in waiver holding that participating in the litigation on the merits does not result in a waiver of personal jurisdiction when the participation comes at the direction of the district judge after having raised the defense in a timely fashion holding waiver did not preclude rule 32d motion challenging validity of waiver due to ineffective assistance of counsel holding that unlike subject matter jurisdiction personal jurisdiction may be waived