29, 2021). Six Clinics Holding Corp. v. Cafcomp Sys., Inc., 119 F.3d 393, 399, 402 (6th Cir. }); The new salespeople TQL hires are on a very short leash and they are expected to make hundreds of cold calls all of the time and its very hard to find new customers, Meizlish said. Total Quality Logistics v. Logistic Dynamics, Inc. - Casetext 1:18-cv-00796, see flags on bad law, and search Casetext's comprehensive legal database . 2d 431, 433 (N.D. Ohio 1998) (citing Garlock, Inc. v. United Seal, Inc., 404 F.2d 256, 257 (6th Cir. 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. for Prelim. While we were really focused on the Ohio employees in our case because its an Ohio-based company, TQL has expanded outside of Ohio and has set up offices in 50+ other cities around the country in recent years, so the Illinois case, which focuses on employees outside of Ohio, really has a chance to be rescheduled and likely go before ours, he said. at #94). googletag.pubads().enableSingleRequest(); A month after leaving TQL in December 2020, Austin started working at USI as vice president of transportation and logistics in its property and casualty division. (Doc. at 555-56 ("[A] well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and 'that a recovery is very remote and unlikely.'") TQL | Locations P. 8. TQL then concludes that "[u]pon information and belief Daniels is currently performing freight brokerage services in violation of his NCA." But what is a lonely small trucking company to do but to sacrifice >$1000 claim to receive $25-32k worth of freight pulled months ago. 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. First, TQL alleges that, after Daniels left TQL, he "formed EDA [Logistics] for the purpose of conducting 'transportation and freight arrangement services.'" Until that process is complete later this week, were holding on sending any additional employees home for testing or work-from-home moves.. 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.. 3. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot3', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767553440-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); 2. 1:21-cv-164 (S.D. 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. This is all that is needed to plausibly allege damages for a breach of contract claim. 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. (Id.). Specifically, Defendants alleged that TQL is particularly litigious, and the Court should not encourage TQL to continue to sue its former employees. Total Quality Logistics, LLC v. Cornelius Leasing Sys ., Inc ., No. Thus, the Court cannot draw any inferences about the testimony that he would have provided had he appeared. 16630 Southfield Ltd. P'ship v. Flagstar Bank F.S.B., 727 F.3d 502, 504 (6th Cir. Ripoff Report | total-quality-logistics complaints, reviews, scams googletag.enableServices(); Judge delays trial date in TQL overtime class-action lawsuit (Bostwick Test., Hr'g on Prelim. Inj. No one seems to agree. Org. The first factor is whether TQL has demonstrated "a strong likelihood of success on the merits." Total Quality Logistics' Competitors. But the Complaint discusses EDA's activities in more detail than Defendants' motion to dismiss would suggest. Allegations that the defendant committed an element of the claime.g., "defendants colluded"are mere "conclusory" statements that do not suffice to state a claim under Fed R. Civ. Iqbal, 556 U.S. at 678. RTS Financial. Call Us 24/7/365 800.580.3101. 2, 61, #53). Detail"). googletag.pubads().enableSingleRequest(); to Dismiss, Doc. Total Quality Logistics. googletag.cmd.push(function() { Many rival logistics firms now use nonsolicitation agreements in lieu of noncompetes. (Compl., Doc. Dont miss the hottest freight event of the summer! Total Quality Logistics Interviews Experience Positive 52% Negative 26% Neutral 22% Getting an Interview Applied online 55% Recruiter 26% Campus Recruiting 9% Difficulty 2.8 Average Hard Average Easy Apr 27, 2023 Sales Associate Interview Anonymous Employee in Chicago, IL No Offer Neutral Experience Difficult Interview Interview (Id.). During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. Res. Specifically, TQL points to evidence that (1) Sunland, one of Daniels' customer accounts at TQL, has significantly decreased its book of business with TQL after Daniels' departure; and (2) 721 Logistics copied Daniels on two emails concerning a shipment from Sunland. At that time, TQL experienced an additional 61% drop in Sunland's business. Total Quality Logistics, LLC v. Riffe - Casetext Hr'g, Exs. TQL are extornists! The amount in damages exceeds $5 million, according to the lawsuit. Defendants are correct that this inference alone might not be enough to prove that Daniels is misappropriating trade secrets. This means you're the single point of contact to get the job done right the first time, every time. I have actually gone through a lot emotionally for over 9 months now and there has been no one to help me. On March 1, 2021, a Clermont County judge denied TQL's request for a temporary restraining order. 2 at 2). On June 29, 2020, Daniels voluntarily resigned from TQL. 3d 892, 901 (S.D. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION. I lost my traction in the industry and have never really recovered. (Id.). 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). We are going to argue these motions on July 13, and at that time, the judge indicated he was going to establish a new trial date in the case, Meizlish told FreightWaves. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. window.googletag = window.googletag || {cmd: []}; The Complaint Fails To Plausibly Allege That EDA Logistics Tortiously Interfered With TQL's Business Relationships. Your name will not be used without your permission in a follow-up article. Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. to Prelim. Finally, the Court considers the effect of a preliminary injunction on the public interest. Jan. 19, 2007) (explaining that, while the violation of a covenant could constitute "irreparable harm," "[e]ach case presents a different factual scenario that must be independently reviewed to determine whether a breach will result, or has resulted, in irreparable harm"); see also Procter & Gamble Co. v. Stoneham, 747 N.E.2d 268, 280 (Ohio Ct. App. (Mot. Total Quality Logistics, LLC | Better Business Bureau Profile But Daniels was not there. Ohio 2021) Court Description: ORDER granting 8 Motion to Remand to State Court. TQL, of course, contends that this interest is irrelevant here because Daniels' competition is unlawful and in violation of his non-compete. 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. My brother left TQL and did not want to do anything improper, so he didnt go to work for a broker. }); While hes been an attorney for more than 43 years, Meizlish said hes ready to retire soon, but that he must see the TQL case, which he filed 10 years ago, through. 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. This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. The Court, therefore, DENIES Defendants' motion to dismiss TQL's breach of contract claim. googletag.cmd.push(function() { From that point forward, Daniels handled Sunland's business until he left TQL, in June 2020. to Prelim. googletag.cmd.push(function() { TQL undoubtedly intended to ask him, under oath, about his past and current business activities. Call Us 24/7/365 800.580.3101 Logistics Services Carriers Jobs Moves That Matter About Us Contact Us Get a Quote Track Shipment Request a Login LOGIN WORK WITH THE BEST Our mission is to be the leading service provider in the transportation industry and continue to build a company to be proud of. Evidence suggests that, on August 20, 2020, Daniels organized EDA Logistics, a limited liability company designed to conduct "freight arrangement services." We always thought people should be able to practice their trade; all we ask is that they dont call on our customers for a year, Bob Klare, president of MegaCorp, told FreightWaves in a previous article. Customer and carrier information was exposed after threat actors breached the company's online web portal. Without any additional context, the Court is hesitant to read these emails as evidence that Daniels is competing with TQL. Mach. I refuse to do any business with this company. (citing Twombly, 550 U.S. at 556). TQL provides freight brokerage and third-party logistics services to customers across the continental United States. googletag.cmd.push(function() { Asked Oct 11, 2017. In fairness to TQL, this may be in part because TQL anticipated that Daniels would be present for the preliminary injunction hearing. 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. 2, 16, #47; TQL's Exs. 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. googletag.enableServices(); Total Quality Logistics (TQL) Employment and Reviews | SimplyHired Aaron Cox VP - Software Manager. TQL commenced an internal investigation where it learned the facts alluded to abovethat Daniels had both started EDA Logistics and obtained "broker" authority. (NCA at 9(b)). Accepting these facts as true, EDA's purpose and authority both at least suggest that it is competing in the freight-brokering business. 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. Id. 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.'" Aero Fulfillment Servs., Inc. v. Tartar, No. Six Clinics Holding Corp., 119 F.3d at 400 (quoting Gaston Drugs, Inc. v. Metro. 1-1). The Court next examines whether a preliminary injunction (or lack thereof) would create a risk of substantial harm to others. Total Quality Logistics, LLC v. Traffic Tech, Inc. et al | L 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. 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. More specifically, Bostwick explained that Daniels would have cold-called potential customers, as well as coordinated services and provided pricing estimates for existing customers. Inj. Freight brokerage must face some claims over 2020 data breach 2012). lets get these guys. 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. PNC. Signed by Judge Timothy S. Black on 8/5/2021. See Vozary, 82 N.E.3d at 1186 (holding that an ex-employee opening a successful competitor does not, without additional evidence, support a misappropriation of trade secrets claim). Wizard James Recovery Service did a fantastic job at recovering my life savings which got stolen. See Fred Siegel Co. v. Arter & Hadden, 707 N.E.2d 853, 858 (Ohio 1999) (listing the elements of tortious interference with a contract). to Dismiss, Doc. In fact, allegations in the complaint need not even be particularly convincing. to Prelim. Mot., Apr. 10 days. And courts have held that it is overbroad and cant be enforced as written. Secondly, TQL provided evidence that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics "broker" motor carrier authority. Those sending messages critical of the companys leadership or complaints to managers about not being able to work remotely were added to a list of those to be fired, despite their title or value to TQL, one employee told FreightWaves. Total Quality Logistics Company Profile - Supply Chain 24/7 All rights reserved. As noted above, that evidence falls short. (Id. (TQL's Exs. 2, 16, #47). As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. 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. 1, "Daniels Resume"). at 570. See Hartman v. Acton, No. First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. 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. Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring! However, Bruce H. Meizlish, the lead attorney from Cincinnati, representing former TQL employees in the class-action complaint, says a hearing on recently filed motions will be held on that date. In an attempt to fill this analytical gap, TQL also offers evidence that, it says, not only shows that is Daniels is actually competing, but that he is specifically soliciting one of TQL's current customers. 10, 11, "Potato Shipment Emails"). 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. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. 2017) (citing Heartland Home Fin., Inc. v. Allied Home Mortg. No one factor is determinative, rather, the Court should "balance[] [the factors] against each other." Answered Apr 10, 2023. A Cincinnati freight brokerage company is facing a $5m lawsuit over a data breach that occurred last month. (Doc. at 30, #49). Mot., Apr. Inj. 860, 861 (6th Cir. McNeilly v. Land, 684 F.3d 611, 615 (6th Cir. 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. 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 . That said, the Court's holding today is simply that TQL has not provided sufficient evidence at this time to substantiate an entitlement to preliminary injunctive relief. In the non-compete portion of that agreement, Daniels agreed that he would not "own, operate, maintain [or] engage in any Competing Business." Supreme Court of Ohio rules in favor of Bricker client, Total Quality The existence, and extent, of TQL's injury, however, again depends on whether TQL can demonstrate that Daniels is currently violating his non-compete. 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. 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.
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