Robert C. Bowser v. Foundation Building Materials, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
A. Facts Plaintiff, Robert C. Bowser (“Plaintiff”), is an employee of Defendant, and Plaintiff resides in Tennessee. Complaint (“Compl.”) (Dkt. 1-1) ¶ 7. Plaintiff was an employee of A&D Supply of Nashville, LLC (“A&D”). Compl. ¶ 2. A&D was a limited liability company in Oklahoma, and substantially all of their assets were purchased by Defendant on October 2, 2023. Compl. ¶ 2. Defendant is a limited liability company in California but conducts business in all fifty states, and Canada. Compl. ¶ 1. The purchase
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-01643-DOC-SK Date: September 20, 2024
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of substantially all of A&D’s assets by Defendant resulted in Plaintiff becoming an employee of Defendant. Compl. ¶ 4.
Plaintiff entered into an Employment Agreement (“Agreement”) once Plaintiff accepted full-time employment with Defendant. Compl. ¶ 18. The Agreement included a choice of law provision: “This Agreement shall be construed and enforced under and be governed in all respects by the laws of the State of Tennessee, without regard to the conflict of laws principles thereof.” Compl. Ex. 1, at 11.