In short, the reason behind the drop off in Sunland's business is unclear. Total Quality Logistics. (Doc. googletag.defineSlot('/21776187881/FW_Super_Leaderboard', [[300, 50], [970, 90], [300, 100], [728, 90]], 'div-gpt-ad-1668097889433-0').defineSizeMapping(gptSizeMaps.banner2).addService(googletag.pubads()); Detail"). In late 2015, Ryan Daniels, "a seasoned sales professional," was on the job hunt. On the first day of his new job, Daniels signed a non-compete and non-solicitation agreement. Both in their briefs and at the preliminary injunction hearing, Defendants argued that a preliminary injunction would harm all current and former TQL employees. Total Quality Logistics, LLC v. Johnson et al, No. 1:2021cv00467 A week ago, Patterson, who worked at TQL from August 2007 to April 2021, filed a lawsuit against TQL seeking damages and injunctive relief. Accordingly, whether a preliminary injunction serves these public interests is also too speculative to justify such extraordinary relief. 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. Mich. 2001). }); TQL states it has more than 5,000 employees in 57 offices across 26 states. But it is at least as likely that Daniels has already conducted fright brokering services under the authority granted to his newly formed LLC. googletag.cmd.push(function() { 2, 25, #49). 3). TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. Here, the allegations in the Complaint are that Daniels is competing with TQL for business, which creates a plausible inference that he is experiencing at least some success in that regard. The data breach was announced by TQL at the end of February. TQL became suspicious that this drop in business occurred because Daniels may have used connections he developed at TQL to solicit Sunland's business after his departure. 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. 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. (Doc. Although a finding that there is no likelihood of success on the merits is "usually fatal" to the request for a preliminary injunction, Gonzales, 225 F.3d at 625, the Court could still exercise "its discretion to issue a preliminary injunction if the movant has, at minimum, 'show[n] serious questions going to the merits and irreparable harm which decidedly outweighs any potential harm to the defendant if the injunction is issued.'" gptAdSlots.push(gptSlot); 9, "Sunland Revenue Chart"). Inj. Even so, Defendants' arguments are unpersuasive. Hr'g, Ex. Johnson is a former employee of TQL who worked for TQL as a logistics account executive for approximately five months between April 23, 2018 through September 26, 2018. googletag.cmd.push(function() { I refuse to do any business with this company. 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. 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. Total Quality Logistics (TQL) (@lifeattql) - Instagram Judge delays trial date in TQL overtime class-action lawsuit But, despite repeated calls, TQL had no success until March 2, 2018, when Michael Henshall, one of TQL's account executives, successfully bid for a piece of Sunland's business. 10 days. The Complaint Fails To Plausibly Allege That EDA Logistics Tortiously Interfered With TQL's Business Relationships. googletag.pubads().enableSingleRequest(); They hold payment and try to use a small claim to hold dozens of loads over the carriers head. The two emails show that 721 Logistics copied Daniels on an early correspondence concerning this shipment from Sunland. No one factor is determinative, rather, the Court should "balance[] [the factors] against each other." I had a stressful situations going on and they were so patient with me and did help me through this. That same day, TQL also filed a motion for a preliminary injunction and temporary restraining order. 1:2019cv01052 - Document 15 (S.D. Total Quality Logistics v. Logistic Dynamics, Inc. - Casetext 1, "Daniels Resume"). 2, "Daniels Hiring Email"). 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. Council, Inc., 555 U.S. 7, 22 (2008). Ohio Apr. Corp., 172 F. Supp. (TQL's Exs. Gov't, 305 F.3d 566, 573 (6th Cir. Truckload carrier U.S. Xpress announces 2nd round of corporate layoffsApex Capital blames malware attack for unplanned system outageSlync.io fires CEO Chris Kirchner, strips board chairmanship, This firm TQL stole my money but I had to hire ( REMOTESPYTECH ) to help me recover them. Certainly, there is no requirement under federal law to plead any particular or specific amount of damages. The Judge overseeing this case is Michael R. Barrett. (Doc. close alert. Rather, the Court must rely on the evidence that TQL did present. - 2021-Ohio-4242 Of course, the nature of the requisite "injury" varies somewhat for the two forms of relief TQL seeks. $4B not paying on the agreement (ratecon) rate. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. Had TQL taken the well-known risk of cyber-intrusion seriously and adequately tested, auditedand invested in its IT systems, and adequately trained its staff," the lawsuit says, the data breach would never have occurred.. Resources and Tools. Read Total Quality Logistics LLC v. Logistic Dynamics, LLC, 1:20-cv-00669, see flags on bad law, and search Casetext's comprehensive legal database . 11K Followers, 189 Following, 1,740 Posts - See Instagram photos and videos from Total Quality Logistics (TQL) (@lifeattql) Bridgestone Am. Inj. Total Quality Logistics, LLC -v- YB Global, Inc - UniCourt TQL, of course, contends that this interest is irrelevant here because Daniels' competition is unlawful and in violation of his non-compete. But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. Call Us 24/7/365 800.580.3101. Inj. at 30, #49). Ohio May. Inj. At first glance, such facts, assuming they are true, as the Court must at this stage, seem sufficient to give rise to a plausible inference of a breach. Facts and Procedural History { 2} TQL is a freight broker and third-party logistics company headquartered in Clermont County, Ohio. 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. Inj. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. 860, 861 (6th Cir. Ass'n v. Knebel, 563 F.2d 256, 261 n. 4 (6th Cir. 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. The first factor is whether TQL has demonstrated "a strong likelihood of success on the merits." }); Wednesday is Jacob Pattersons last day at PBJ Express, a small trucking firm in Joplin, Missouri, where he has worked for the past 15 months. googletag.cmd.push(function() { Ripping off carriers. for Prelim. 2, 16, #47; TQL's Exs. 80589, 2002 WL 31667316, at *6 (Ohio Ct. App. 2000). But he went to a trucking company, which was a supplier for TQL, Patterson said. The bench trial was scheduled to start on July 13. Ripoff Report | total-quality-logistics complaints, reviews, scams Your California Privacy Rights / Privacy Policy. googletag.enableServices(); We have blocked their phone numbers from ringing in our phone system. (Compl., Doc. BBB asks third parties who publish complaints, reviews . If you need a reliable and experienced fund retrieval expert. Schs., 160 F. Supp. TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. EDA LOGISTICS, et al., Defendants. In order for these counts to move forward, then, TQL must plausibly allege the four traditional elements of a breach of contract claim: (1) the existence of a valid agreement; (2) that the plaintiff (TQL) performed; (3) that the defendant (Daniels) failed to perform; and (4) that TQL sustained injury. 29, 2021). The staff members seemed legit, not just classifying the problem and charging not without good response. to Prelim. Get the latest business insights from Dun & Bradstreet. Hr'g, Exs. 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()); 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. to Prelim. Total Quality Logistics, LLC v. Johnson et al, No. 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. But Ohio has a doctrine that authorizes courts to reform overbroad noncompetes.. Total Quality Logistics LLC v. Logistic Dynamics, LLC - Casetext googletag.pubads().collapseEmptyDivs(); 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.") Timothy Denton, vice president of corporate communications and media relations at USI, and TQLs Brown did not respond to FreightWaves requests for comment. Mot., Apr. If Daniels is not violating his non-compete, the public has an interest in allowing him to form his own company and participate in the freight-brokerage market. Inj. This means you're the single point of contact to get the job done right the first time, every time. Hr'g, Ex. TQL faces lawsuit over data breach. 6, "Sunland Customer Timeline"). Lucero v. Detroit Pub. See Hartman v. Acton, No. TQL, however, has not made such a showing here. Like its breach of contract claim, TQL's misappropriation of trade secrets claim rests on Daniels's alleged involvement with EDA logistics, a (potentially) competing freight-brokerage company. Any such search, review, and production performed at the direction of this Court in connection with the above-captioned lawsuit shall not be a violation of the Stored Communications Act, 18 U . TQL has also come under fire for as many as 700 employees that were let go over a three-day period in mid-March amid the coronavirus pandemic. Do you have a story to share? J. Feldkamp Design Build. window.googletag = window.googletag || {cmd: []}; (citing Twombly, 550 U.S. at 555). 13, 14, "FMCSA Licensing History"). To establish a misappropriation of trade secrets claim, TQL must plausibly allege (1) the existence of a trade secret; (2) that EDA/Daniels acquired the trade secret as a result of a confidential relationship; and (3) that EDA/Daniels engaged in unauthorized use of that trade secret. googletag.enableServices(); In fact, allegations in the complaint need not even be particularly convincing. Total Quality Logistics (TQL) is the nation's 2nd largest freight brokerage firm. To survive Defendants' 12(b)(6) motion, then, TQL's Complaint must provide non-conclusory facts that, if true, plausibly support claims that (1) Daniels breached his non-compete; (2) Daniels and EDA misappropriated trade secrets; (3) EDA interfered with TQL's business relationships; and (4) EDA interfered with TQL's contracts. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot5', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767778941-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); I highly recommend this fair service. Total Quality Logistics, LLC | Better Business Bureau Profile Inj. Aaron Beeman Business Development Manager. Twombly, 550 U.S. at 555. Therefore, Defendants' argument falls flat. Representing a wide variety of clients, the firm has particular strength and focus representing business in a variety of areas including transportation, health care, public sector, financial services, and energy industries. 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. He even accepted a lower-earning position to reduce his workload, becoming a senior enterprise account manager to continue to work at the freight brokerage giant, second in size only to C.H. Follow Total Quality Logistics on social media. The Court finds that TQL has met this burden here. Total Quality Logistics, LLC v PBD, Inc et al | 1:19-CV-00212 | Court TQL is WORST Broker Pirates in industry . Ive been around for a long time and while its very challenging work, I feel like I owe it to all of these plaintiffs to see this case to the end, Meizlish told FreightWaves. Tenn. 2016). (TQL's Exs. 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. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. See Fred Siegel Co. v. Arter & Hadden, 707 N.E.2d 853, 858 (Ohio 1999) (listing the elements of tortious interference with a contract). Total Quality Logistics facing $5 million lawsuit over 'massive' data to Prelim. The Judges overseeing this case are Schneider, Wilfred J, Jr. and Wilfred J Schneider, Jr.. 7, "TQL Separation Email"). On the other hand, the public has an interest in free and fair competition. 5,500 employees. That motion argues that the Court should dismiss TQL's Complaint because it consists of "conclusory allegations and rote recitations of elements of [each] claim[]," and, as such, fails to satisfy Iqbal and Twombly pleading standards. Co., 661 N.E.2d 218, 226 (Ohio Ct. App. TQL undoubtedly intended to ask him, under oath, about his past and current business activities. (Compl., Doc. And TQL had not subpoenaed him. Life Ins. googletag.pubads().collapseEmptyDivs(); Company Profile. 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." Secondly, TQL provided evidence that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics "broker" motor carrier authority. JUDGE DOUGLAS R. COLE OPINION AND ORDER This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. Now, I dont know if all of those are over noncompetes; I havent looked at the complaints in those cases. 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. A Cincinnati freight brokerage company is facing a $5m lawsuit over a data breach that occurred last month. The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. Try Casetext free Opinion CA2020-09-056 12-06-2021 TOTAL QUALITY LOGISTICS, LLC, Appellant, v. INTEGRITY EXPRESS LOGISTICS, LLC, Appellee. Robinson, headquartered in Eden Prairie, Minnesota. (TQL's Exs. Exactly our experience. Hr'g, Ex. Leary, 228 F.3d at 736 (quoting McPherson v. Mich. High Sch. It does not provide the name of the customer at issue or any other factual context for TQL's claim. Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. 1 Because Daniels founded EDA, TQL reasons, he "inevitably will use [trade secret] information for his and EDA's benefit." googletag.enableServices(); of Med. Id. All rights reserved. googletag.pubads().enableSingleRequest(); (Mot. Total Quality Logistics (TQL) Employment and Reviews | SimplyHired 1997) (en banc)). TQL's records show a 41% drop in revenues from Sunland from quarter one of 2020 to quarter two of that same year, while Daniels was still with TQL. Jacob Patterson started at TQL in August 2007 and rose through the ranks to become a senior logistics account executive. Workers Union, Local 1099 v. Sw. Ohio Reg'l Transit Auth., 163 F.3d 341, 347 (6th Cir. 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. 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. }); googletag.cmd.push(function() { window.googletag = window.googletag || {cmd: []}; Hackers accessed and in a growing number of cases"have used the information to conduct fraudulent transactions,according to the lawsuit. 2, 49, #52). According to the noncompete Jacob Patterson signed, it prohibits him from working for a competing business defined as any person, firm, corporation, or entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage or supply chain management services in the Continental United States for one year after leaving TQL. RTS Financial. (NCA at 10). Winter v. Nat. The Court GRANTS the motion with respect to TQL's tortious interference with a business relationship claim, but does so WITHOUT PREJUDICE. Request A Quote WORK WITH US LOGISTICS SERVICES 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 Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. 3d 892, 901 (S.D. 3, #80-81). to Dismiss, Doc. All that is there is the subject-line header, which indicates that the emails concerned a potato starch shipment. Speaks volumes about the revolving door there. 2, 16, #47; TQL's Exs. Res. (Id. 2:20-cv-1952, 2020 WL 1932896, at *4 (S.D. (Id.). window.googletag = window.googletag || {cmd: []}; window.googletag = window.googletag || {cmd: []}; googletag.enableServices(); Tomaydo-Tomahhdo, LLC v. Vozary, 82 N.E.3d 1180, 1184 (Ohio Ct. App. Ohio 2021) Court Description: ORDER granting 8 Motion to Remand to State Court. googletag.pubads().collapseEmptyDivs(); The agreement defines "Competing Business" to include "any entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage, or supply-chain management services anywhere in the Continental United States." 2d 767, 801 (E.D. Clarissa has covered all aspects of the trucking industry for 14 years. Rather, the Court treats them more in the nature of allegations. McNeilly v. Land, 684 F.3d 611, 615 (6th Cir. Horter Inv. Products & Services Logistics Services, Full Truckload, Intermodal, Less Than Truckload. TQL claims that EDA "intentionally interfered with [that contract] by entering into an employment relationship with Daniels prior to the expiration of his restrictive covenants in the NCA." When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. Defendants' argument directed at damages similarly falls flat. Read related stories by FreightWaves Clarissa Hawes: TQL delays start date of nearly 200 near hires because of COVID-19. The Complaint Plausibly Alleges That Daniels And EDA Logistics Misappropriated Trade Secrets. at 9(b)(vi)). View All Competitors. And then to make matters worse, theres a one-way fee-shifting provision in the contract that says if TQL sues under the contract and prevails, the employee is liable for TQLs attorneys fees, Patterson said. 13, 14, "FMCSA Licensing History"). This statement is purely conclusory. googletag.enableServices(); Wizard James Recovery Service did a fantastic job at recovering my life savings which got stolen. Have something to share about Total Quality Logistics? The amount in damages exceeds $5 million, according to the lawsuit. 10, 11, "Potato Shipment Emails"). 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. Carriers and Trucks are the backbone of this industry. Start with TQL's claim that Daniels breached his non-compete. This trend continued into the third quarter, which is the quarter right after Daniels left TQL. Total Quality Logistics (TQL) insights Based on 1,294 survey responses What people like Feeling of personal appreciation Supportive environment Ability to learn new things Areas for improvement Overall satisfaction Fair pay for job Time and location flexibility Lots of "fun" things for the company events but lacks good managers and directions. TQL argues that a preliminary injunction would serve the public interest for two reasons. It alleges many thousands of carriers and customers have been impacted. My first morning in the new job my employer gets a fax from my former employer attorney. Use RevDex to write a review Reviews Trucking Transportation Brokers, Motor Freight Trucking, Logistics, Freight Forwarding Total Quality Logistics Total Quality Logistics Reviews ( 17) Managers also reminded them of the noncompete agreements they had signed on their first day of employment with the freight brokerage and that it would be enforced if they went to work at another brokerage within one year of leaving TQL. Defendants are correct that this inference alone might not be enough to prove that Daniels is misappropriating trade secrets. If you have a news tip or story idea, send her an email to, Copyright 2023, All Rights Reserved, FreightWaves, Inc, TQLs noncompete hurts ex-employees job prospects, lawsuit claims, Loaded & Rolling (Enterprise Fleet News/Analysis), freight brokerage as the bully on the block, Truckload carrier U.S. Xpress announces 2nd round of corporate layoffs, Apex Capital blames malware attack for unplanned system outage, Slync.io fires CEO Chris Kirchner, strips board chairmanship. 29, 2021). googletag.cmd.push(function() { However, after five months in the new role, his work-life balance was substantially worse, according to court documents. 3). Several trucking companies have joined a class-action complaint against TQL for failure to implement and maintain security measures after the freight brokerage notified carriers that it had a data breach in late February, several days after the initial security breach had been discovered. I must commend them for recovering my money from the people who stole from me. But Daniels was not there. As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. Org. Just Askin': What are the Seven Hills of Cincinnati, exactly? Many rival logistics firms now use nonsolicitation agreements in lieu of noncompetes. TQL: 'Bully On The block'? - Yahoo Finance Inj. I need to desperately access my husbands whatsapp to find out what as been keeping him away from home but no hacker was down to assist me until I contacted wisetechacker @gmail com I actually have been able to get access to my husbands whatsapp messages and gotten all evidence I needed for this divorce.

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