Plaintiffs Brian Walton and others sued Gore, claiming its marketing and labeling regarding GORE-TEX products were materially misleading because the material contains PFAS, or "forever chemicals," despite claims that the fabric is environmentally sound and PFC* Free.
The court held that venue was improper in Maryland because the plaintiffs failed to establish personal jurisdiction over the Delaware corporation. The court found that general jurisdiction did not exist because Gore is incorporated in Delaware and headquartered there, and its Maryland operations were not so substantial as to render it "at home" in Maryland.
Regarding specific jurisdiction, the court determined that the claims of the non-Maryland plaintiffs did not arise from Gore’s contacts with the forum. The court noted that the alleged misrepresentations, primarily through hang tags and point-of-sale labeling, occurred in the plaintiffs' home states, not Maryland.
The court rejected the argument that Gore’s manufacturing activities in Maryland provided a sufficient nexus for the advertising claims, distinguishing this case from other litigation in the district involving allegations of environmental pollution from Gore’s manufacturing processes.
Because venue was improper under 28 U.S.C. § 1391(b)(1) and § 1391(b)(2), and § 1391(b)(3) was inapplicable as Gore could have been sued in Delaware, the court transferred the case to the United States District Court for the District of Delaware.