Law360 reported that the Eleventh Circuit on Friday, April 4 revived Alabama Aircraft’s trade secret case against Boeing amid a long-running contract dispute. The ruling allows Alabama Aircraft to pursue damages from Boeing for unjust enrichment after finding it wouldn’t be duplicative of the $2.1 million jury award the company won at trial in 2020 for its breach of contract claims.

Law360 wrote, “With this decision, the Eleventh Circuit reversed the lower court’s order dismissing a claim brought by Alabama Aircraft Industries Inc., formerly known as Pemco, under the Missouri Trade Secrets Act, but noted that the only remedy it can recover against Boeing for the trade secret claim would be based on unjust enrichment damages, as the parties contractually precluded all other remedies AAI could pursue.”

In a statement to Law360 on Friday, RumbergerKirk partner Mike Rediker, counsel for AAI, said, “Alabama Aircraft Industries (AAI) has expended almost 14 years seeking recovery for Boeing’s unjust enrichment and other relief from Boeing’s alleged misuse of Pemco’s trade secret type information. Including Boeing’s unjust enrichment and its avoided costs, AAI seeks more than $100M in such relief. Today’s decision by the 11th Circuit Court of Appeals, streamlining the case and reinstating AAI’s unjust enrichment claim against Boeing Company under the Missouri Uniform Trade Secrets Act, sets out ample precedent, analysis and legal reasoning to support such claim reinstatement. AAI welcomes the opportunity to bring this matter to a swift, fair and just conclusion.”

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