Civil Procedure I

Effects Test


The effects test is an alternative to purposeful availment in some jurisdictions.

The 4th Circuit (and this class) has three elements to the effects test:

  1. Intentional tort
    • i.e. slander
  2. Plaintiff felt brunt of harm in forum, such that it is the focal point of harm
  3. Defendant expressly aim tortuous conduct at forum such that it is the focal point of tort activity