Aegis Defense Services, LLC v. Gilbert

222 So. 3d 656, 2017 WL 3197669, 2017 Fla. App. LEXIS 10776, 42 Fla. L. Weekly Fed. D 1675
CourtDistrict Court of Appeal of Florida
DecidedJuly 28, 2017
DocketCase 5D16-3345
StatusPublished
Cited by6 cases

This text of 222 So. 3d 656 (Aegis Defense Services, LLC v. Gilbert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aegis Defense Services, LLC v. Gilbert, 222 So. 3d 656, 2017 WL 3197669, 2017 Fla. App. LEXIS 10776, 42 Fla. L. Weekly Fed. D 1675 (Fla. Ct. App. 2017).

Opinion

EVANDER, J.

Laurence Gilbert, a Florida resident, sued his former employer, Aegis Defense Services, LLC (“Aegis”), a Delaware limited liability company headquartered in Virginia, for declaratory relief, unjust enrichment, and failure to pay overtime wages for work that he performed in Afghanistan on behalf of Aegis. The parties’ original employment agreement’was executed by Gilbert in Arkansas. Aegis appeals a non-final order denying its motion to dismiss for lack of personal jurisdiction and for improper venue. We conclude that the trial court erred in denying Aegis’ motion to dismiss for lack of personal jurisdiction and, accordingly, do not address the venue issue.

In his complaint, Gilbert alleged that Aegis was subject to Florida’s long-arm jurisdiction pursuant to sections 48.193(1)(a)1. and 48.193(2), Florida Statutes (2015), Section 48.193(1)(a)1. provides, in relevant part, that a defendant submits itself to the jurisdiction of Florida courts for any cause of action arising from the defendant “[ojperating, conducting, engag *658 ing in, or carrying on a business or business venture in this state.” Section 48.193(2) provides that a defendant “who is engaged in substantial and not isolated activity within the state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.”

In support of these bases for jurisdiction, Gilbert alleged the following facts. He submitted his resume to Aegis on-line from his home in Brevard County, Florida. He was subsequently contacted by a recruiter for Aegis. He and the recruiter spoke several times by phone and communicated several times via electronic mail. He was in Florida when these contacts with the recruiter occurred.

At Aegis’ request, Gilbert submitted to pre-employment screening that included a medical examination, a dental examination, and a stress test. The pre-employment screening occurred in Brevard County, Florida, at the offices of medical providers selected by Aegis.

Gilbert was subsequently flown, at Aegis’ expense, to Arkansas for pre-employment training. While in Arkansas, Gilbert signed his employment agreement. The agreement called for Gilbert to serve as an “EDD canine handler” (an explosives detection dog/canine handler) in Afghanistan. Gilbert was employed by Aegis from July 3, 2014, until September 15, 2015, when he submitted his resignation letter. 1

In Count I of his complaint, Gilbert sought a judgment declaring that the employment agreement he executed in Arkansas was an adhesion contract that was both substantively and procedurally unconscionable. Gilbert alleged, inter alia, that while “isolated” in Arkansas, Aegis provided him with the employment contract and that he had no meaningful opportunity to negotiate different terms because he had already committed his personal schedule to being overseas for a year.

Count II alleged that Aegis had been unjustly enriched by Gilbert’s services. In Count III, Gilbert alleged that he was entitled to be paid “overtime wages.” Count IV sought a declaration that the forum selection clause was unreasonable, unjust, and the result of unequal bargaining power.

In support of its motion to dismiss, Aegis submitted affidavits from Aegis’ officials reflecting that:

1. Aegis is a Delaware limited liability company with its headquarters (and sole U.S. office) in McLean, Virginia;

2. Aegis provides security and risk management services for the overseas operations of the U.S. Government and others;

3. Aegis does not own, lease, or otherwise occupy any property in Florida, nor does it have any offices in Florida;

4. Aegis does not market or solicit business in Florida, and it does not derive any revenue from services rendered or work performed in Florida;

5. Aegis is not licensed or authorized to do business in Florida;

6. Aegis does not maintain any records, bank accounts, or other accounts in Florida and has never paid Florida taxes;

7. Aegis does not have a resident agent in the State of Florida;

8. As reported in his employment application, Gilbert learned of Aegis while working in Iraq; and

*659 9. Gilbert’s sole employment services for Aegis occurred in Afghanistan as an EDD canine handler.

In his affidavit filed in opposition to Aegis’ motion to dismiss, Gilbert affirmed many of the allegations set forth in his complaint. He also averred that Aegis’ website “encouraged” him to submit an employment application, that he was never asked to travel to Virginia to complete any portion of his recruitment process, and that all of his paychecks were directly deposited into his Florida bank account. He did not aver that Aegis’ website was specifically directed to Florida residents. After holding a non-evidentiary hearing, the trial court entered its order denying Aegis’ motion to dismiss.

A trial court’s ruling on a motion to dismiss for lack of personal jurisdiction is reviewed de novo. Wendt v. Horowitz, 822 So.2d 1252, 1256 (Fla. 2002). Here, the jurisdictional facts can be derived from the complaint and affidavits filed by the parties. Those facts can be harmonized. Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502-08 (Fla. 1989) (“In most cases, the affidavits can be harmonized, and the court will be in a position to make a decision based upon facts which are essentially undisputed.”).

In Florida, determining if personal jurisdiction exists requires a two-part inquiry. Wendt, 822 So.2d at 1257. First, the court must determine whether the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of section 48.193, Florida’s long-arm statute. Id. Second, if the jurisdictional allegations are within the ambit of the statute, the court must determine whether sufficient “minimum contacts” are demonstrated to satisfy federal due process requirements. Id.

Section 48.193 provides two ways to establish long-arm jurisdiction: “specific” in which the alleged activities or actions of the defendant are directly connected to the forum state, and “general” in which the defendant’s connections with the forum state are so substantial that it is unnecessary to establish a relationship between this state and the alleged wrongful actions. Caiazzo v. Am. Royal Arts Corp., 73 So.3d 245, 250 (Fla. 4th DCA 2011). In the instant case, Gilbert alleged specific jurisdiction under section 48.193(1)(a)1. and general jurisdiction under section 48.193(2). The trial court found that Gilbert had established general jurisdiction.

To establish general jurisdiction, section 48.193(2) requires a defendant to have engaged in “substantial and not isolated” activity in this state. Florida courts have defined “substantial and not isolated” to mean’ “continuous and systematic general business contact with Florida.” Caiazzo, 73 So.3d at 250; Trs. of Columbia Univ. v. Ocean World, S.A., 12 So.3d 788, 792 (Fla. 4th DCA 2009).

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Cite This Page — Counsel Stack

Bluebook (online)
222 So. 3d 656, 2017 WL 3197669, 2017 Fla. App. LEXIS 10776, 42 Fla. L. Weekly Fed. D 1675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aegis-defense-services-llc-v-gilbert-fladistctapp-2017.