Jenkins Brick Co. v. Bremer

321 F.3d 1366 (2003)

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Jenkins Brick Co. v. Bremer

United States Court of Appeals for the Eleventh Circuit
321 F.3d 1366 (2003)

SH

Facts

Jenkins Brick Co. (plaintiff) sought to expand its Alabama-based operation into the Savannah, Georgia area. To help facilitate the expansion, Jenkins hired Savannah native John Bremer (defendant) to sell bricks within a 50-mile radius around Savannah. The parties entered into a noncompete agreement that prohibited a variety of competitive practices, and also contained clauses stating that it was to be governed by Alabama law and that it was executed in Alabama. When Bremer resigned, he immediately began working for a Savannah-based competitor of Jenkins in direct violation of the noncompete agreement. Jenkins subsequently filed for injunctive and monetary relief against Bremer in Alabama federal court. Bremer moved to dismiss the case for lack of venue, or, in the alternative, to transfer the case to Georgia. Although the district court found venue to be proper in Alabama, it nevertheless transferred the case to Georgia as a more convenient forum.

Rule of Law

Issue

Holding and Reasoning (Tjoflat, J.)

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