total quality logistics lawsuit

The contract at issue here is Daniels' non-compete agreement. The data breach was announced by TQL at the end of February. Deck v. City of Toledo, 29 F. Supp. The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. Thus, the Court cannot draw any inferences about the testimony that he would have provided had he appeared. 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767737710-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. Rule 30 (b) (6) Deposition. As the Court mentioned at the hearing, TQL's decision to enforce lawful non-compete agreements is appropriate, at least so long as TQL is not hiring and then terminating employees with the goal of reducing the work force available to competitors. (Id.). She is an award-winning journalist known for her investigative and business reporting. He said the problem for people in his brothers position is that they cant read the contract to know what they can or cant do. Aaron Grant TQL simply has not made a "clear" showing that Daniels is actually competing against TQL. at 9(b)(iii)). RTS Financial. The next day, March 9, 2021, TQL re-filed its motion for a preliminary injunction in this Court. A tortious interference with a business relationship claim requires the plaintiff to show: (1) a business relationship; (2) that the defendant knew of that business relationship; (3) that the defendant intentionally obstructed that relationship; and (4) that the plaintiff sustained damages as a result. Rather TQL's claim is the type of "unadorned, the defendant-unlawfully-harmed-me accusation" that fails to make the cut under Iqbal and Twombly. If you need a reliable and experienced fund retrieval expert. (TQL's Exs. Until that process is complete later this week, were holding on sending any additional employees home for testing or work-from-home moves.. at 570. Hackers accessed and in a growing number of cases"have used the information to conduct fraudulent transactions,according to the lawsuit. Specifically, TQL asserts that a preliminary injunction would further (1) the public interest in upholding contracts and preventing unfair competition; and (2) the public interest in the fair, predictable administration of the freight-brokering industry. (Id. to Prelim. This is the same type of authority that TQL uses to conduct its transportation-brokering services. On March 1, 2021, a Clermont County judge denied TQL's request for a temporary restraining order. 2d 767, 801 (E.D. Rather, the facts in the complaint need only "raise a reasonable expectation that discovery will reveal evidence" that supports the plaintiff's claims. If the Court were to preliminarily enjoin Daniels and EDA today, that injunction will likely remain in effect for some time after June 2021, which is the date when Daniels' non-compete expires (at least absent tolling of the covered period). googletag.enableServices(); googletag.pubads().enableSingleRequest(); 3, #80-81). to Prelim. The same month he accepted the vice president of operations role at PBJ Express, Jacob Patterson was hit with a lawsuit from TQL. 29, 2021). The Court considers four factors in deciding whether to issue a preliminary injunction: (1) whether the movant has a strong likelihood of success on the merits; (2) whether the movant would suffer irreparable injury without the injunction; (3) whether issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by the issuance of the injunction. TQL Total Quality Logistics #1 most crooked Brokers in the nation. He submitted his resignation two weeks ago after discovering that his former employer, Cincinnati-based Total Quality Logistics, intended to file a motion seeking to add PBJ as a defendant in an ongoing lawsuit against him over allegations he violated the terms of his noncompete agreement after leaving the United States' second-largest freight And, although it is certainly possible that Sunland transferred its business to EDA Logistics, the Court has yet to see evidence suggesting a "strong likelihood" that is the case. 2, Ex. (Id.). Med. Tenn. 2016). (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)). The Court's principal understanding of those various roles comes from Marc Bostwick, a TQL employee who held these same positions during part of his 18-year tenure with TQL, and the only witness who either side called at the recent hearing on TQL's motion for a preliminary injunction. 860, 861 (6th Cir. (TQL's Exs. Dont miss the hottest freight event of the summer! Some say they expressed interest to their managers in working remotely amid the coronavirus outbreak which would soon become a pandemic via Skype, which the company uses for instant messaging. They hold payment and try to use a small claim to hold dozens of loads over the carriers head. Aaron Beeman Business Development Manager. 8, #96). The investigation also turned up two email chains between TQL, 721 Logistics (another broker company), and Sunland, which showed that Daniels had some contact with Sunland after his departure. Now, I dont know if all of those are over noncompetes; I havent looked at the complaints in those cases. $4B not paying on the agreement (ratecon) rate. At that time, TQL experienced an additional 61% drop in Sunland's business. Horter Inv. Therefore, Defendants' argument falls flat. (citing Twombly, 550 U.S. at 555). Jobseeker Tools. C-060071, 2007 WL 120695, at *2, 4 (Ohio Ct. App. The staff members seemed legit, not just classifying the problem and charging not without good response. From that point forward, Daniels handled Sunland's business until he left TQL, in June 2020. Total Quality Logistics. googletag.enableServices(); Rather, the Potato Shipment Emails merely show, at the bottom (and thus the start) of a long chain, that Sunland sent an email to Daniels. TQL then concludes that "[u]pon information and belief Daniels is currently performing freight brokerage services in violation of his NCA." The motion to dismiss, like the motion for a preliminary injunction, is fully briefed and ripe for review. Total Quality Logistics. ). 3). Send your complaint to this team now, you can find them on google. PDF Total Quality Logistics, L.L.C. v. Johnson (Compl., Doc. TQL presses two counts based on this alleged breach, one seeking damages and the other injunctive relief, but the underlying conduct (breach of contract) is the same. Without any additional context, the Court is hesitant to read these emails as evidence that Daniels is competing with TQL. googletag.enableServices(); But at this point in the process, federal pleading standards require TQL only to plausibly allege that Daniels is misappropriating trade secrets. TQL argues that a preliminary injunction would serve the public interest for two reasons. Defendants are correct that this inference alone might not be enough to prove that Daniels is misappropriating trade secrets. Total Quality Logistics, LLC, located in Cincinnati, Ohio, offers truckload freight brokerage services. (Compl., Doc. Read Total Quality Logistics, LLC v. DeSantis, Case No. Inj. The COVID-19 pandemic intervened once again as a case filed in July 2016 in the U.S. District Court for the Northern District of Illinois, which was slated for a jury trial on March 30, was delayed. TQL's claim for damages requires a showing of monetary injury, while TQL's claim for injunctive relief requires it to demonstrate "irreparable harm." If you have a news tip or story idea, send her an email to, Copyright 2023, All Rights Reserved, FreightWaves, Inc, Judge delays trial date in TQL overtime class-action lawsuit, Loaded & Rolling (Enterprise Fleet News/Analysis), joined a class-action complaint against TQL f, that were let go over a three-day period in mid-March amid the coronavirus pandemic, Trial dates rescheduled because of COVID-19. Total Quality Logistics v. Integrity Express Logistics, L.L.C. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. Since the COVID-19 threat began, any TQL employee who stated his or her discomfort with working in the office because of health concerns was immediately offered the opportunity to work from home, with no strings attached, Millikin told FreightWaves in April. The "facts" in this section are taken from the Complaint and certain evidence introduced at the preliminary injunction hearing. Total Quality Logistics, LLC v. Johnson et al, No. Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. 1 Lucero v. Detroit Pub. googletag.pubads().collapseEmptyDivs(); TQL, which is the second-largest company of its kind in North America, says it has a network of more than 85,000 carriers. Make your practice more effective and efficient with Casetexts legal research suite. to Prelim. We help you find the right solution for your local, national and North American truckload freight and shipping needs. The Court next examines whether a preliminary injunction (or lack thereof) would create a risk of substantial harm to others. Company Profile. googletag.pubads().collapseEmptyDivs(); As discussed above, however, TQL might have plausibly alleged that Daniels is violating his non-compete, but it has not submitted enough evidence to establish a "substantial likelihood" that is the case. googletag.cmd.push(function() { This is not enough to state a claim, Defendants contend, because, TQL "failed to allege that EDA actually engages in freight brokerage." (TQL's Exs. The full scope of the harm has yet to be realized, the lawsuit says. 9, "Sunland Revenue Chart"). Try Casetext free Opinion CA2020-09-056 12-06-2021 TOTAL QUALITY LOGISTICS, LLC, Appellant, v. INTEGRITY EXPRESS LOGISTICS, LLC, Appellee. Thus, the fact that TQL has pled a plausible breach of contract claim does not require the Court to find a plausible tortious interference with a business relationship claim. 10, 11, "Potato Shipment Emails"). But the Court is in no position to resolve that issue today. Bostwick testified that Daniels' primary responsibility in those various roles was to manage customer accounts. Aero Fulfillment Servs., Inc. v. Tartar, No. at 9(f)). Total Quality Logistics Reviews: What Is It Like to Work At Total Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. On June 29, 2020, Daniels voluntarily resigned from TQL. googletag.pubads().enableSingleRequest(); }); Some told FreightWaves that workers were fired because the company simply didnt have the technological bandwidth to support all of its employees working remotely. On 05/14/2021 Total Quality Logistics, LLC filed an Other - Sister State Judgment lawsuit against YB Global, Inc.This case was filed in San Bernardino County Superior Courts, Not Classified By Court located in San Bernardino, California. to Dismiss, Doc. However, multiple current and former TQL employees said they do not consider the company one of the best places to work and told FreightWaves they fear retaliation by TQLs aggressive legal team if they are named. "This is because the preliminary injunction is an 'extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in the limited circumstances which clearly demand it.'" 's, Inc. v. Int'l Bus. }); Some attorneys who have represented former TQL employees in similar noncompete actions refer to the freight brokerage as the bully on the block. They say the company uses the legal system to keep employees from leaving for fear of being hit with a lawsuit and discourages other companies in the transportation industry from hiring its former employees for fear of being sued as well. at 26, #49). It is plausible that Daniels, who allegedly had no knowledge of the freight-brokerage business when he joined TQL, and who allegedly received and had access to trade secret information while at TQL, used those trade secrets to establish and (potentially) operate what appears to be a competing freight-brokerage business, EDA Logistics.

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