Burbach v. Motorsports of Conyers, LLC et al.

Motorsports of Conyers, LLC, d/b/a Falcons Fury Harley-Davidson and a second entity that operated another Harley-Davidson dealership (together, Harley Davidson) (plaintiffs) were located in Georgia and North Carolina, respectively. The dealerships, along with four other dealerships in Florida and California, were commonly owned. The dealerships sold and serviced motorcycles. Edmund Burbach (defendant) signed employment agreements with Harley Davidson to work as a general manager. The employment agreements contained identical restrictive covenants that limited Burbach’s ability to work in any capacity for competitors or to solicit employees for a period of three years after leaving Harley Davidson, within 120 miles of Harley Davidson’s locations. The agreements contained a choice-of-law clause specifying that the agreements were governed by Florida law. In 2019, Burbach’s employment with Harley Davidson terminated, and he accepted a role working for a competitor (defendant). Harley Davidson sued Burbach and the competitor, seeking to enforce the restrictive covenants in Burbach’s employment agreements. The trial court applied Florida law pursuant to the choice-of-law clause and enforced the restrictive covenants. Burbach appealed, arguing that the court erred in applying Florida law because enforcing the restrictive covenants would contravene Georgia’s public policy.