Oxford Global Resources, LLC v. HernandezAnnotate this Case
The Supreme Judicial Court held that the trial judge did not abuse his discretion by allowing Defendant’s motion to dismiss on the ground of forum non conveniens because a Massachusetts choice of law provision in a confidentiality, nonsolicitation, and noncompetition agreement between the parties in this case was unenforceable.
Defendant was employed in California by Plaintiff, a company headquartered in Massachusetts. Plaintiff signed an agreement as a condition of employment that declared that the agreement would be governed by Massachusetts law and that all lawsuits arising from the agreement would be brought in a Massachusetts court. When Defendant left to work for a California competitor, Plaintiff filed suit in the Massachusetts Superior Court. Defendant filed a motion to dismiss on the ground of forum non conveniens, and the trial judge allowed the motion. The Supreme Judicial Court affirmed, holding (1) where California substantive law would apply under choice of law principles and where the application of Massachusetts substantive law would violate California public policy favoring open competition and employee mobility, the Massachusetts choice of law provision was not enforceable; and (2) the trial judge did not abuse his discretion in deciding that this action should be dismissed on the ground of forum non conveniens.