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AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC: Trade Secrets, Sovereign Immunity, and Forum Selection Twists
In a groundbreaking case that has legal experts buzzing, AQuate II, LLC is taking on Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC in a battle over trade secrets, sovereign immunity, and the existence of a tribal court.
AQuate II, LLC, a tribal LLC under the Alabama-Quassarte Tribal Town, found itself in a legal dispute after Myers allegedly took confidential information to a competitor, Kituwah Global Gov’t Group, LLC. This information was used to secure a contract with the U.S. Navy, sparking a heated legal battle between the parties.
The twist in this case comes with Kituwah invoking sovereign immunity, claiming they are not subject to suit in federal court. However, AQuate argued that Kituwah had waived its sovereign immunity by participating in the § 8(a) Program, which includes resolving disputes in federal court. The Eleventh Circuit sided with AQuate, emphasizing that the claims were directly related to Kituwah’s participation in the program.
On the other hand, Myers claimed that disputes with AQuate should be resolved in the Alabama-Quassarte Tribal Town court, as per a forum-selection clause. AQuate contested this, arguing that the tribal court did not exist. The Eleventh Circuit agreed, overturning the district court’s decision and sending the issue back for further review.
This case has far-reaching implications for trade secrets and forum-selection clauses, showing that even seemingly unrelated agreements can be used to bring parties to court. Legal experts are closely watching as this case unfolds, eager to see how it will shape future trade secrets disputes.
