Where a plaintiff brought suit alleging that the defendant breached a non-solicitation and non-disclosure agreement that he signed while employed by the plaintiff, the complaint should be dismissed based on a clause in the agreement designating Florida state court as the exclusive venue.
“Lincare, Inc. (‘Lincare’) brought this suit against Brian Deso (‘Deso’), alleging that Deso breached a nonsolicitation and nondisclosure agreement (the ‘Agreement’), which he signed while employed by Lincare. …
“Deso moves to dismiss this suit under Rule 12(b)(6), arguing that the Agreement’s forum-selection clause requires any claims arising from the Agreement to be brought in the Circuit Court of Pinellas County, Florida. … He argues that the forum-selection clause is enforceable, mandatory, and fully covers the claims at issue here. … Lincare does not contest the fairness or mandatory nature of the forum-selection clause, or that it covers its claims in this action. … Instead, it challenges the procedural vehicle for dismissing the complaint: Deso’s motion under Rule 12(b)(6), asserting that Supreme Court and First Circuit caselaw require that forum-selection clauses targeting state forums be enforced using the forum non conveniens doctrine rather than through a Rule 12(b)(6) motion. … Further, Lincare argues that because Deso does not satisfy the forum non conveniens test, the motion must be denied. …
“Having concluded that the forum-selection clause was properly raised under Rule...
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