total quality logistics lawsuit

2000) (quoting Direx Israel, Ltd. v. Breakthrough Med. (Mot. During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. window.googletag = window.googletag || {cmd: []}; The parties in this case conducted two corporate representative depositions on the same day at the same placeone for this case and one for TQL v. 2, "Daniels Hiring Email"). Tenn. Mar. to Prelim. Until that process is complete later this week, were holding on sending any additional employees home for testing or work-from-home moves.. (Id.). Defendants' only real argument to the contrary is that these facts do not plausibly allege a violation of the non-compete because "TQL's complaint does not allege any specific facts that Defendant EDA is actually brokering freight." Given the nature of the hearing, the Court considers both the information from the Complaint and the evidence from that hearing to be preliminary in nature. Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. (Compl., Doc. On 03/22/2019 Total Quality Logistics, LLC filed a Contract - Other Contract lawsuit against PBD, Inc.This case was filed in U.S. District Courts, Ohio Southern District Court. USI, headquartered in Valhalla, New York, is one of the largest insurance brokerage and consulting firms in the world, according to its website. Ken Oaks and Ryan Legg co-founded TQL in 1997, but the two parted ways 16 years ago. 1). Request A Quote WORK WITH US LOGISTICS SERVICES 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. However, after five months in the new role, his work-life balance was substantially worse, according to court documents. Answered Apr 1, 2023. (Compl., Doc. 29, 2021). 2000). Speech First, Inc. v. Schlissel, 939 F.3d 756, 763 (6th Cir. to Prelim. Asked Oct 11, 2017. Iqbal, 556 U.S. at 678. (Bostwick Test., Hr'g on Prelim. 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. Total Quality Logistics LLC v. Logistic Dynamics, LLC - Casetext at 30, #49). Overstreet v. Lexington-Fayette Urban Cnty. for Prelim. The first factor is whether TQL has demonstrated "a strong likelihood of success on the merits." (Id. TQL Total Quality Logistics #1 most crooked Brokers in the nation. 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. 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. In fact, the records that TQL provided at the evidentiary hearing showed that TQL's logistics accounts executives began calling on Sunland as early as 2016. The Court, therefore, DENIES Defendants' motion to dismiss TQL's breach of contract claim. Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. Therefore, on balance, the Court concludes that TQL is not entitled to a preliminary injunction at this time. As discussed above, TQL's evidence on that front creates a plausible inference that Daniels may have violated, and may be violating, his non-compete, but it falls short of providing "clear and convincing evidence" that he is doing so. at 9(b)). The Court GRANTS the motion with respect to TQL's tortious interference with a business relationship claim, but does so WITHOUT PREJUDICE. (Compl., Doc. Total Quality Logistics, LLC v. EDA Logistics, Case No. As the plaintiff, TQL bears the burden of establishing that it is entitled to such relief. (Compl., Doc. googletag.cmd.push(function() { (Doc. Inj., Doc. googletag.pubads().enableSingleRequest(); Total Quality Logistics, LLC -v- YB Global, Inc - UniCourt }); googletag.cmd.push(function() { Two days after Patterson filed suit against TQL, the freight brokerage filed a motion seeking to add PBJ Express, a 43-truck carrier, to the suit, despite Patterson tendering his resignation. 1997) (en banc)). 1:21-cv-164 (S.D. 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. When combined, these two pieces of evidence demonstrate that EDA exists and that it is authorized to compete with TQL. googletag.pubads().enableSingleRequest(); Schs., 160 F. Supp. Res. (Compl., Doc. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. See Iqbal, 556 U.S. at 663 ("A claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.") }); TQL states it has more than 5,000 employees in 57 offices across 26 states. On February 22, 2021, TQL filed a complaint in the Clermont County Court of Common Pleas, alleging (1) a breach of contract claim against Daniels; (2) a misappropriation of trade secrets claim against EDA Logistics and Daniels; (3) a tortious interference with a contract claim against EDA Logistics; and (4) a tortious interference with a business relationship against EDA Logistics. Speaks volumes about the revolving door there. Total Quality Logistics (TQL) is the largest privately held freight brokerage firm in the nation. The complaint, filed in September 2010 in U.S. District Court for the Southern District of Ohio, claims that more than 4,500 employees working at TQLs headquarters in Cincinnati from September of 2008 to mid-April of 2016 were cheated out of millions of dollars in overtime pay while working at the second-largest freight brokerage in the U.S. Also named in the complaint is Ken Oaks, chief executive and co-founder of Cincinnati-based TQL. The Complaint Plausibly Alleges That Daniels And EDA Logistics Misappropriated Trade Secrets. But I suspect that the majority, if not the vast majority, of them are.. Not only is this allegation vague and underdeveloped, but it is also unpersuasive. On the first day of his new job, Daniels signed a non-compete and non-solicitation agreement. But, here, the facts in the Complaint, and particularly the allegation that EDA sought and received exactly the same kind of freight-brokering licensure that TQL uses to offer its services, give rise to the common sense, reasonable inference that Daniels is conducting freight-brokering services through EDA. A massive data breach at a Cincinnati-area freight brokerage firm that does business across the U.S. and Canada has harmed tens of thousands of people, a lawsuit says. Call Us 24/7/365 800.580.3101. burger menu open. Its fast-paced, energetic s TQL Total Quality Logistics On March 1, 2021, a Clermont County judge denied TQL's request for a temporary restraining order. (rrs) Download PDF. googletag.cmd.push(function() { According to court filings, Patterson started looking for employment outside the transportation industry in early August and entered employment discussions with Justin Austin, who was recently promoted to Midwest regional select practice leader/partner for USI Insurance Services. }); President Joe Biden signed an executive order in July 2021 encouraging the Federal Trade Commission (FTC) to ban or limit noncompete agreements. 2019). Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. Ohio May. TQL's noncompete hurts ex-employee's job prospects, lawsuit claims First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. 462 S 4th St. . var gptSlot = googletag.defineSlot('/21776187881/FW-Responsive-Main_Content-Slot1', [[728, 90], [468, 60], [300, 100], [320, 50]], 'div-gpt-ad-b1-i-fw-ad-1').defineSizeMapping(gptSizeMaps.banner1).setCollapseEmptyDiv(true).addService(googletag.pubads()); Basicomputer Corp. v. Scott, 973 F.2d 507, 512 (6th Cir. (Id. Rule 30 (b) (6) Deposition. googletag.pubads().collapseEmptyDivs(); Total Quality Logistics Overview 6.1K Reviews 382 Jobs 6.7K Salaries 1.3K Interviews 661 Benefits 298 Photos 2.7K Diversity + Add a Review Total Quality Logistics Reviews Updated Apr 28, 2023 Filter by Topic Remote Work Work Life Balance Compensation Career Development Culture Coworkers Workplace Management Benefits Senior Leadership So its like holding a gun to the head of people to expose them to potentially ruinous liability if they guess wrong about how the noncompete will be enforced.. googletag.pubads().enableSingleRequest(); Hr'g, Ex. Specifically, Defendants alleged that TQL is particularly litigious, and the Court should not encourage TQL to continue to sue its former employees. Sources familiar with the matter allege the mass firings were related to issues with setting up remote access using Citrix, the companys virtual network, and were not the result of employee underperformance issues, as Oaks and Tom Millikin, corporate communications manager of TQL, told FreightWaves at the time. They threaten with a Carrier411 write up that could bankrupt a company. Moreover, substantial time may pass between now and final resolution in this case, especially since discovery has yet to even begin. 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. Maybe Sunland does not like the new TQL logistics account executive who now manages its account; perhaps COVID-19 hit Sunland hard and it decreased shipments across the board; or maybe Sunland just transferred its business to a new logistics company (other than EDA Logistics). Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. 1 2012). gptAdSlots.push(gptSlot); This "plausible inference" satisfies post-Twombly and Iqbal pleading standards and is thus sufficient to carry TQL's tortious interference with a contract claim over the line. 8). Access the headquarters listing for Total Quality Logistics, LLC. According to court documents, Austin was told that hiring Patterson would hurt [USIs] business relationship as TQL is a 20-year client of USI. TQL requested damages and injunctive relief on all counts. Total Quality Logistics faces a class-action lawsuit in federal . Clarissa has covered all aspects of the trucking industry for 14 years. (TQL's Exs. (Compl., Doc. Secondly, TQL provided evidence that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics "broker" motor carrier authority. TQL simply has not made a "clear" showing that Daniels is actually competing against TQL. The company is also dealing with backlash from layoffs due to lost business during the pandemic. Total Quality Logistics, LLC Company Profile | Cincinnati, OH The elements of a tortious interference with a contract claim are nearly identical to the elements of a tortious interference with a business relationship claim, the obvious difference being that the former involves intentional interference with a contract, not a business relationship. 1. 10 but good luck getting them approved . Before joining FreightWaves, she wrote for Land Line Magazine and Trucks.com. (Doc. P. 8. googletag.enableServices(); (Bostwick Test., Hr'g on Prelim. Jobseeker Tools. Aero Fulfillment Servs., Inc. v. Tartar, No. It appears, though, that within a few months after leaving TQL, Daniels may have decided that he was not entirely done with the freight-brokering industry. TQL is a multi-billion dollar leader in the 3rd party logistics industry. But at this point in the process, federal pleading standards require TQL only to plausibly allege that Daniels is misappropriating trade secrets. Total Quality Logistics (TQL) Phoenix, AZ. Horter Inv. googletag.enableServices(); Cary Corp. v. Linder, No. Although it is "plausible," based on the facts alleged, that EDA is operating and soliciting customers, it does not necessarily follow that EDA is soliciting TQL's customers. This is the same type of authority that TQL uses to conduct its transportation-brokering services. A day before the terminations began, Oaks sent out two company-wide emails addressing TQLs work-from-home bandwidth progress as federal and state health agencies were urging companies to allow employees to work remotely in an effort to curb the spread of the highly contagious coronavirus. The lawsuit, filed Monday in federal court in Cincinnati, seeks to hold Total Quality Logistics responsible for the theft last month of financial information, including bank account and Social. window.googletag = window.googletag || {cmd: []}; All said, TQL's evidence certainly shows that it is possible that Daniels is soliciting Sunland's business and that he is operating EDA Logistics as a direct competitor to TQL. googletag.pubads().enableSingleRequest(); 8, #99). The suit, filed by Dinsmore & Shohl on behalf of Total Quality Logistics, accuses Dugger of misappropriating confidential information and violating his non-competition and non-solicitation agreements. To demonstrate "irreparable harm," TQL would need to show that there is an "imminent" risk of a "certain, great, and actual" harm that creates a "clear and present' need for equitable relief." His company has filed litigation related to a nonsolicitation agreement only once in its 13-year-history. On November 16, 2019, DeSantis removed the case to this Court based on . 1:2019cv01052 - Document 15 (S.D. For the reasons discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss TQL's Complaint (Doc. All that is there is the subject-line header, which indicates that the emails concerned a potato starch shipment. 8, #97-98). 2013) (citing Iqbal, 556 U.S. at 678). The Court thus DISMISSES TQL's claim for tortious interference with a business relationship. (Mot. 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. Mot., Apr. Six Clinics Holding Corp. v. Cafcomp Sys., Inc., 119 F.3d 393, 399, 402 (6th Cir. In fairness to TQL, this may be in part because TQL anticipated that Daniels would be present for the preliminary injunction hearing. googletag.pubads().enableSingleRequest(); to Dismiss, Doc. Defendants argue that TQL's Complaint fails to plausibly allege the third element: that EDA/Daniels used TQL's trade secrets. For the reasons below, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss and DENIES TQL's Motion for a Preliminary Injunction. Capital Corp., 258 F. App'x. Evidence suggests that, on August 20, 2020, Daniels organized EDA Logistics, a limited liability company designed to conduct "freight arrangement services." Moreover, neither of the two emails 721 Logistics sent Daniels and Sunland concerning one of Sunland's potato starch shipments provide much additional insight.

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