CourtCases2010

Each employee testifying conceded that it was his

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Unformatted text preview: arman did not engage in any other activities in Florida, nor was he required to under the contract. Harman maintained his own office and staff in Michigan at his own expense and was not permitted to use Events' office equipment, personnel or supplies. After Harman terminated the contract, Events learned that Harman was promoting events for the company's previous clients. Events brought an action against Harman in Sarasota County, seeking injunctive relief and damages for unfair competition, improper utilization of trade secrets, and breach of the parties' agreement. *1244 Harman moved to dismiss the complaint for lack of personal jurisdiction, which the trial court granted. The Second District reversed, finding that the complaint's allegations, if true, would be sufficient to satisfy Florida's long-arm statute and due process considerations. The court reasoned: [T]he alleged continuing obligations and contact between Harman and Events, including Harman's attendance at two of Events' annual meetings in Florida, Harman's attendance at one business meeting with Events in Florida, the assignment of work to Harman by Events, the transmission of information from Events to Harman and Events' frequent, specific and direct supervision of Harman's work over a two-year period, were sufficient to show that Harman had sufficient minimum contacts with the State of Florida. Nordmark, 557 So.2d at 651. Because the trial court entered its dismissal before the Supreme Court issued its decision in Venetian Salami, the Second District remanded the case for further limited evidentiary hearings to determine the jurisdiction issue consistent with Venetian Salami. 244 In AutoNation, Inc. v. Whitlock, 276 F.Supp.2d 1258 (S.D.Fla.2003), the Southern District, citing Nordmark, held that it had personal jurisdiction over a defendant under very similar facts. AutoNation had commenced an action against Whitlock, one of its former general managers, seeking injunctive relief and damages for Whitlock's alleged breach of his restrictive covenant and confidentiality agreement and his alleged misappropriation and/or use of tra...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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