Law360 reported in an article on February 14, 2022 that the Eleventh Circuit revived a subcontractor’s claim that Boeing stole its trade secrets after their deal to work together on a $1.3 billion Air Force contract fell apart, potentially opening Boeing up to more than $100 million in damages.

An Alabama federal court wrongly ruled that part of Alabama Aircraft Industries Inc.’s (AAI) lawsuit against the Boeing Co. came too late under a state law with a two-year statute of limitations, because a Missouri law with a longer time limit applied under a non-disclosure agreement between the companies, a two-judge panel ruled in an unpublished decision.

In March 2020, a jury ruled that Boeing had violated both the NDA [Non-Disclosure Agreement] and a memorandum of agreement with AAI — previously known as Pemco — when Boeing withdrew from a teaming agreement to pursue a contract for maintenance, repair and upgrades of the U.S. Air Force’s KC-135 Stratotanker fleet.

In addition, the panel upheld the jury’s combined $2.1 million verdict for AAI on its breach of contract claims, rejecting a cross-appeal from Boeing related to jury instructions.

AAI is represented by Laurie Webb Daniel and Philip J. George of Holland & Knight LLP, and a RumbergerKirk team including J. Michael Rediker, Joshua Lerner, Scott Williams, Peter Tepley, Meredith Lees, Rebecca Beers and Fred Clarke.

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