Brian Walton et al. v. W.L. Gore & Associates

Summary

The United States District Court for the District of Maryland considered W.L. Gore & Associates’ motion to transfer a putative class action alleging misleading environmental marketing and labeling of GORE-TEX products. The court concluded that Maryland was an improper venue under 28 U.S.C. § 1391(b) and that it lacked personal jurisdiction over Gore as to the claims of the non-Maryland named plaintiffs. The court granted the motion to transfer under 28 U.S.C. § 1406(a) and did not reach the alternative § 1404(a) arguments.

Holdings

1. The District of Maryland was not a proper venue under § 1391(b)(1) because Gore was not subject to personal jurisdiction in Maryland for the claims of the non-Maryland named plaintiffs.
2. The non-Maryland named plaintiffs failed to make a prima facie showing of specific personal jurisdiction over Gore in Maryland.
3. The District of Maryland was not a proper venue under § 1391(b)(2) because plaintiffs did not show that a substantial part of the events or omissions giving rise to their claims occurred in Maryland.
4. Section 1391(b)(3) did not provide a basis for venue in Maryland because the action could otherwise have been brought in the District of Delaware.
5. Transfer to the District of Delaware, rather than dismissal, was warranted in the interest of justice.

Questions Presented

1. Whether the District of Maryland was a proper venue under 28 U.S.C. § 1391(b)(1) based on Gore's residence and personal jurisdiction.
2. Whether the District of Maryland was a proper venue under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to plaintiffs' claims occurred there.
3. Whether venue was available under the fallback provision of 28 U.S.C. § 1391(b)(3).
4. Whether the case should be transferred rather than dismissed because venue was improper.

Disposition

transferred