Orca Communications Unlimited, LLC, a Limited Liability Company, Plaintiff/appellant v. Ann J. Noder And…

Summary

The court held that Arizona’s Uniform Trade Secrets Act displaces tort claims based on misappropriation of trade secrets, but does not displace common-law claims based on confidential information that is not a trade secret. Because the complaint alleged misuse of confidential and trade-secret information without limiting the claim to trade secrets, dismissal on preemption grounds was improper. The court reversed and remanded for further proceedings.