total quality logistics lawsuit

Athletic Ass'n, 119 F.3d 453, 459 (6th Cir. Bricker & Eckler is a leading law firm in and beyond Ohio. For over 15 years, we've specialized in arranging the transportation of full truckload shipments for thousands of companies across the country and various industry segments. 1977)). For the reasons discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss TQL's Complaint (Doc. (Doc. (Id.). at 9(b)(vi)). Jobseeker Tools. (Compl., Doc. 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. Many rival logistics firms now use nonsolicitation agreements in lieu of noncompetes. googletag.cmd.push(function() { The motion to dismiss, like the motion for a preliminary injunction, is fully briefed and ripe for review. 2. Co., 661 N.E.2d 218, 226 (Ohio Ct. App. The Court noted earlier that TQL's Complaint had alleged sufficient facts to raise a plausible inference that Daniels was competing against TQL as part of his new position with EDA logistics. Should TQL provide the missing pieces at trial, that could well result in the Court imposing final injunctive relief on TQL's behalf based on the non-compete and non-solicitation provisions. 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. 1. Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. (Id.). googletag.cmd.push(function() { Call Us 24/7/365 800.580.3101. Accordingly, TQL's claim for tortious interference with a business relationship does not rise to the level of plausibility. Defendants move to dismiss both counts on the ground that TQL's Complaint fails to plausibly allege that Daniels "failed to perform"i.e., that Daniels breached his non-compete agreement. A lawsuit charges that Total Quality Logistics, LLC BB #:203922 Cincinnati, had a massive data breach that has allegedly harmed thousands of people. No one seems to agree. Inj. for Prelim. (Compl., Doc. Hr'g, Ex. I refuse to do any business with this company. 1991)) (brackets and internal quotation omitted). But, because TQL presented evidence at the preliminary injunction hearing suggesting that it may be able to supplement this claim, that dismissal is WITHOUT PREJUDICE. The Court, therefore, DENIES Defendants' motion to dismiss TQL's breach of contract claim. This happened to me in 2015. (Bostwick Test., Hr'g on Prelim. PNC. Do you have a story to share? The Court finds that TQL has met this burden here. 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. These restrictions last only "for a period of one (1) year after termination or cessation of [Daniels'] employment." 8, #96). Dont miss the hottest freight event of the summer! His company has filed litigation related to a nonsolicitation agreement only once in its 13-year-history. TQL's noncompete hurts ex-employee's job prospects, lawsuit claims 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. Tenn. 2016). 2023 www.cincinnati.com. Total Quality Logistics Company Profile - Supply Chain 24/7 googletag.pubads().enableSingleRequest(); (Compl., Doc. However, the plaintiffs claim in the class-action suit they werent paid for the additional hours they worked and that TQL violated the Fair Labor Standards Act (FLSA) by not paying them overtime. 1-1). The Complaint Plausibly Alleges That EDA Logistics Tortiously Interfered With TQL's Contracts. One source claims that leadership requested the companys Sales Quality Assurance department monitor employees Skype messages. While Oaks declined multiple interview requests from FreightWaves to address some of the issues raised by sources, Millikin provided limited responses on some of those issues, including denying the suggestion that employee safety during the pandemic took a back seat to other priorities. 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. TQL and their kind are the herniated disc in the industry. to Dismiss, Doc. (Compl., Doc. 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 window.googletag = window.googletag || {cmd: []}; The bench trial was scheduled to start on July 13. Get the latest business insights from Dun & Bradstreet. That is, the Court's reporting of the "facts" here should not be understood as a finding that those are the actual facts of this case. Bell Atl. at 9(f)). Iqbal, 556 U.S. at 678. 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 . Hackers accessed and in a growing number of cases"have used the information to conduct fraudulent transactions,according to the lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires TQL to make a "short and plain statement of the claim showing that [it] is entitled to relief." googletag.pubads().enableSingleRequest(); The amount in damages exceeds $5 million, according to the lawsuit. 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. Total Quality Logistics, LLC v. Integrity Express Logistics, LLC googletag.pubads().collapseEmptyDivs(); At that time, TQL experienced an additional 61% drop in Sunland's business. Schs., 160 F. Supp. 1:2019cv01052 - Document 15 (S.D. Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. The Complaint Plausibly Alleges That Daniels And EDA Logistics Misappropriated Trade Secrets. 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. 2017) (citing Heartland Home Fin., Inc. v. Allied Home Mortg. googletag.enableServices(); 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. All rights reserved. However, former TQL employees told FreightWaves they estimate that only around 5% actually make it once they transition to a commission-only pay system. 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. 1:17-CV-150, 2018 WL 1891354, at *7 (S.D. googletag.cmd.push(function() { Hr'g, Exs. googletag.pubads().enableSingleRequest(); Total Quality Logistics (TQL) Phoenix, AZ. It does not provide the name of the customer at issue or any other factual context for TQL's claim. 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. Martin v. Jones, 41 N.E.3d 123, 141 (Ohio Ct. App. 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. 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. Id. googletag.pubads().enableSingleRequest(); 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. But I suspect that the majority, if not the vast majority, of them are.. googletag.cmd.push(function() { McNeilly v. Land, 684 F.3d 611, 615 (6th Cir. A Cincinnati freight brokerage company is facing a $5m lawsuit over a data breach that occurred last month. Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring! Def. That is a heavy burden to bear. 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. On March 1, 2021, a Clermont County judge denied TQL's request for a temporary restraining order. All that is there is the subject-line header, which indicates that the emails concerned a potato starch shipment. Try Casetext free Opinion CA2020-09-056 12-06-2021 TOTAL QUALITY LOGISTICS, LLC, Appellant, v. INTEGRITY EXPRESS LOGISTICS, LLC, Appellee. 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. Jacob Patterson started at TQL in August 2007 and rose through the ranks to become a senior logistics account executive. 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. Detail"). In short, the reason behind the drop off in Sunland's business is unclear. (Id. Inj. (Doc. 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. 5,500 employees. Have something to share about Total Quality Logistics? At-a-glance. googletag.pubads().collapseEmptyDivs(); The Court first addresses Defendants' Motion to Dismiss, and then turns to TQL's Motion for a Preliminary Injunction. (Id. But the agreement further provides that the one-year period would be tolled for any period of time during which Daniels was in violation of his obligations under those terms. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. UPDATED: Freight broker TQL faces lawsuit, backlash after data breach Total Quality Logistics, LLC v. Traffic Tech, Inc. et al | L In order to do business with TQL, trucking companies are required to provide certain financial information, the lawsuit says. window.googletag = window.googletag || {cmd: []}; 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). 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. 462 S 4th St. . googletag.enableServices(); Need some recourse against brokers. 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. Your California Privacy Rights / Privacy Policy. (Id. 2. This trend continued into the third quarter, which is the quarter right after Daniels left TQL.

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