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From Calder To Walden And Beyond: The Proper Application Of The “Effects Test” In Personal Jurisdiction Cases, Lee Goldman

San Diego Law Review

...This Article argues that the critical element of Calder’s three-part test is the finding of intentional conduct. It should not be enough that the defendant intended to engage in the conduct that is later found to be tortious. Rather, the defendant’s intentional conduct must have been willfully wrongful. This should require some element of bad faith on the part of the defendant. Where willful misconduct affects a known resident of the forum, the defendant can reasonably foresee being haled into the forum and jurisdiction would not be unfair. The defendant should therefore be found to have expressly aimed its conduct …