Outrunning Contractual Noncompete Undertakings: Does the 11th Circuit's Palmer & Cay Decision Offer 'Earlybird Specials' for Florida Forum Shoppers?

The 11th Circuit ruling in Palmer & Cay, Inc. v. Marsh & McLennan Companies, 404 F.3d 1297 (11th Cir. 2005) could possibly surmount other states public policy due to the fact that the employee filed the suit in Georgia, even though the conflict arose between Georgia law and New York/Illinois law. The decision in Palmer & Cay can indirectly have adverse effects on Florida employers. "Strategy must recognize that it is not the first court that enters a TRO or preliminary injunction, but the first to enter a final judgment that will have its judgment followed in other jurisdictions."