Person v. ACS Technologies Group, Inc.
8:25-cv-00961
| M.D. Fla. | Jul 29, 2025Background
- Plaintiff, Robert Person, worked remotely in Florida as a director for Defendant, ACS Technologies Group, Inc., a South Carolina-based company.
- Person researched and pursued a personal venture with ACS’s knowledge and approval, and at times, ACS indicated possible partnership opportunities and no conflict with his employment.
- In mid-2024, Person was offered a new position in ACS's "Emerging Ventures Department," but declined due to lack of information and pressure from ACS.
- After a meeting in October 2024, ACS reversed its position, claiming Person's venture was competitive, demoted him, and ultimately terminated him when he refused to abandon the venture.
- Person sued in Florida state court for breach of oral contract, promissory estoppel, and breach of the implied covenant of good faith/fair dealing; ACS removed the case and moved to dismiss or transfer venue to South Carolina.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Venue in Florida | Significant events and damages occurred in Florida | Events and property at issue occurred in South Carolina | Venue proper in Florida |
| Forum Selection Clause (NDA) | Claims do not arise from NDA; NDA not relevant | NDA requires litigation in SC under its forum clause | Clause does not govern these claims |
| Convenience/Forum Non Conveniens | Florida is a convenient forum; no strong reason to transfer | Transfer to SC is more convenient; SC law applies | No compelling basis for transfer |
| Applicability of NDA Choice-of-law Clause | NDA does not apply to employment claims | NDA requires SC law to govern all disputes | Clause does not control employment claims |
Key Cases Cited
- Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 571 U.S. 49 (forum selection clauses and proper venue analysis)
- Krenkel v. Kerzner Int’l Hotels Ltd., 579 F.3d 1279 (presumptive validity of forum selection clauses)
- Jenkins Brick Co. v. Bremer, 321 F.3d 1366 (substantial part of events for venue determination)
- Robinson v. Giarmarco & Bill, P.C., 74 F.3d 253 (deference to plaintiff’s choice of forum)
- Telecom Italia, SpA v. Wholesale Telecom Corp., 248 F.3d 1109 (when disputes "relate to" contract for forum clause purposes)