Illegally run business Milford Ohio Trucking Companies: TQL Milford, Ohio Author: Columbus, Ohio 9, Report #1299392 Apr 12 2016 03:37 PM TQL Total Quality Logistics TQL is stealing from owner operators.They are doing a fraud Cincinnati Ohio Unusual Rip-Off: TQL Cincinnati, Ohio 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. googletag.pubads().collapseEmptyDivs(); Newman v. Total Quality Logistics, LLC 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. The lawsuit, filed Monday in federal court in Cincinnati, seeks to hold Total Quality Logistics responsible for the theft last month of financial information, includingbank account and Social Security numbers andtax ID numbers from companies with whom it does business. Make your practice more effective and efficient with Casetexts legal research suite. googletag.pubads().enableSingleRequest(); 2d 431, 433 (N.D. Ohio 1998) (citing Garlock, Inc. v. United Seal, Inc., 404 F.2d 256, 257 (6th Cir. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). googletag.cmd.push(function() { TQL Total Quality Logistics #1 most crooked Brokers in the nation. Answered Apr 1, 2023. This is not enough to state a claim, Defendants contend, because, TQL "failed to allege that EDA actually engages in freight brokerage." U.S. District Judge Michael Barrett in Cincinnati on Tuesday let several, but not all, claims proceed in the case against Total Quality Logistics LLC, in one of at least two lawsuits against the . As noted above, that evidence falls short. googletag.pubads().enableSingleRequest(); Bridgestone Am. Do you have a story to share? In sum, the Court DENIES Defendants' Motion to Dismiss with respect to TQL's breach of contract, misappropriation of trade secrets, and tortious interference with a contract claims. We have blocked their phone numbers from ringing in our phone system. 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. 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. 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. Univ. One source claims that leadership requested the companys Sales Quality Assurance department monitor employees Skype messages. 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. Ex-employees claim they did not receive severance packages and that their health benefits were canceled within hours after they were terminated. 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.. Inj., Doc. googletag.enableServices(); I have actually gone through a lot emotionally for over 9 months now and there has been no one to help me. Thus, the Court cannot draw any inferences about the testimony that he would have provided had he appeared. The company refers to the new trainees as Logistics Account Executive Trainees (LAET). Total Quality Logistics (TQL) is the nation's 2nd largest freight brokerage firm. (citing Twombly, 550 U.S. at 556). TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. 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. McNeilly v. Land, 684 F.3d 611, 615 (6th Cir. (Id. We help you find the right solution for your local, national and North American truckload freight and shipping needs. He is married with five preteen children and struggled with work-life balance at TQL. 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. Send me an email here. Total Quality Logistics, LLC v. Integrity Express Logistics, LLC Download PDF Check Treatment Legal research that outperforms Westlaw and Lexis, starting at $100/month. Ex-employees claim they did not receive severance packages and that their health benefits were canceled within hours after they were terminated. 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. TQL commenced an internal investigation where it learned the facts alluded to abovethat Daniels had both started EDA Logistics and obtained "broker" authority. Inj. The Court thus DISMISSES TQL's claim for tortious interference with a business relationship. (Compl., Doc. As part of the plaintiff's obligation to provide notice of the "grounds" for relief, the complaint must include "[f]actual allegations" that are "enough to raise a right to relief above the speculative level." Rather, both parties focus their arguments on the harm that might occur if the Court were to grant the requested preliminary injunction. Rather, the facts in the complaint need only "raise a reasonable expectation that discovery will reveal evidence" that supports the plaintiff's claims. 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). Austin also worked at TQL for seven years, according to his bio on LinkedIn. Detail"). Athletic Ass'n, 119 F.3d 453, 459 (6th Cir. - 2021-Ohio-4242 1-1). Ken Oaks and Ryan Legg co-founded TQL in 1997, but the two parted ways 16 years ago. Skip to Content. Total Quality Logistics (TQL) is the largest privately held freight brokerage firm in the nation. 1, "Daniels Resume"). For the reasons discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss TQL's Complaint (Doc. TQL are extortionists. The regulating bodies in charge of controlling these establishments really need to do better! Total Quality Logistics, LLC v. Johnson et al, No. 1:2021cv00467 Hackers accessed and in a growing number of cases"have used the information to conduct fraudulent transactions,according to the lawsuit. Basicomputer Corp. v. Scott, 973 F.2d 507, 512 (6th Cir. (citing Twombly, 550 U.S. at 555). 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.'") (Bostwick Test., Hr'g on Prelim. (Mot. (Bostwick Test., Hr'g on Prelim. These trainees are expected to spend at least six months conducting sales calls for freight brokers, earning between $36,000 to $38,000, before they are even considered to make the move from salary to a commission-based pay system. But Daniels was not there. The Court notes that in the First Consolidated Amended Class Action Complaint, Plaintiffs state that "the amount in controversy exceeds $5,000,000, exclusive of interest and costs." googletag.pubads().collapseEmptyDivs(); I must commend them for recovering my money from the people who stole from me. 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. googletag.pubads().enableSingleRequest(); 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()); to Prelim. Total Quality Logistics. (Compl., Doc. Ohio Apr. 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. (Id. 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. In other words, the Court's denial of this motion is not an indication that the Court has concluded that injunctive relief is never available for harm of the type alleged here, but rather that TQL has not carried its burden of showing that such relief should be awarded now. Hr'g, Exs. Working at Total Quality Logistics | Glassdoor J. Feldkamp Design Build. (Doc. googletag.enableServices(); 10 but good luck getting them approved . googletag.enableServices(); She is an award-winning journalist known for her investigative and business reporting. Total Quality Logistics faces a class-action lawsuit in federal . But I suspect that the majority, if not the vast majority, of them are.. It does not provide the name of the customer at issue or any other factual context for TQL's claim. They hold payment and try to use a small claim to hold dozens of loads over the carriers head. (TQL's Exs. 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 brokerage in April 2021. 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. On its website, TQL states it works with a network of more than 85,000-plus carriers and moves more than 1.8 million loads of freight each year. These facts, then, raise a plausible inference that EDA is interfering with the NCA between Daniels and TQL. Defendants' argument directed at damages similarly falls flat. But he went to a trucking company, which was a supplier for TQL, Patterson said. Total Quality Logistics, LLC | Better Business Bureau Profile (Id. The Court next examines whether a preliminary injunction (or lack thereof) would create a risk of substantial harm to others. Customer and carrier information was exposed after threat actors breached the company's online web portal. BBB asks third parties who publish complaints, reviews . to Prelim. 4. However, employment talks with Patterson ended two weeks later after Austin spoke with Chris Brown, TQLs general counsel. }); googletag.cmd.push(function() { Most of the reps I dealt with were quite arrogant. TQL provides freight brokerage and third-party logistics services to customers across the continental United States. }); The long-awaited trial in the overtime compensation class-action lawsuit brought by former Total Quality Logistics (TQL) employees has been pushed back because of the COVID-19 pandemic. TQL are extornists! 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. googletag.cmd.push(function() { That said, a finding that there is no likelihood of success on the merits tips that balance in such a way that is "usually fatal" to the request for a preliminary injunction. They threaten with a Carrier411 write up that could bankrupt a company. Both arguments assume that Daniels is, in fact, violating his non-compete and that the preliminary injunction will prevent him from doing so. Inj. Ripoff Report | total-quality-logistics complaints, reviews, scams The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. at 26, #49). The Judge overseeing this case is Michael R. Barrett. googletag.enableServices(); window.googletag = window.googletag || {cmd: []}; 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. at 9(b)(i)). window.googletag = window.googletag || {cmd: []}; Total Quality Logistics Reviews: What Is It Like to Work At Total Daniels' resume from that period highlighted his ten years of "sales and management experience," which included time working as an Assistant Manager at Footlocker, a seven-year stint as a Universal Sales Consultant with Verizon Telecom, and his rather recent tenure as a Financial Representative with Northwestern Mutual. Start with TQL's claim that Daniels breached his non-compete. Capital Corp., 258 F. App'x. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. TQL, which is the second-largest company of its kind in North America, says it has a network of more than 85,000 carriers. (Mot. 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. 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. Total Quality Logistics, LLC v. OTC Logistics LLC - casetext.com 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. at 30, #49). The Irreparable Harm And Public Interest Factors Do Not Require A Preliminary Injunction. to Prelim. Happened to me in 2012!!!!! Mach. Rather, the Court treats them more in the nature of allegations. When evaluating the sufficiency of a complaint in the face of a motion to dismiss, the Court must accept all non-conclusory factual allegations as true. Inj. The suit is filed on behalf of two trucking companies, one in Indiana and the other in Georgia, but it is seeking class-action status on behalf of other motor carriers who contract with TQL to deliver freight. 2019). googletag.pubads().enableSingleRequest(); 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. IMO, their reps are not properly trained and harassing and DO NOT listen when you politely ask them NOT to call again. googletag.pubads().enableSingleRequest(); 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. at 9(f)). 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. See id. Read more. If you need a reliable and experienced fund retrieval expert. TQL undoubtedly intended to ask him, under oath, about his past and current business activities. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. On March 1, 2021, a Clermont County judge denied TQL's request for a temporary restraining order. But that misunderstands a plaintiff's obligation at the pleadings stage. TQL, however, has not made such a showing here. Not only is this allegation vague and underdeveloped, but it is also unpersuasive. Exam'rs, 225 F.3d 620, 625 (6th Cir. See Expert Janitorial, LLC v. Williams, No. 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 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 . Connect with Bricker online via Twitter, Facebook and LinkedIn . That same day, TQL also filed a motion for a preliminary injunction and temporary restraining order. See Fred Siegel Co. v. Arter & Hadden, 707 N.E.2d 853, 858 (Ohio 1999) (listing the elements of tortious interference with a contract). 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. 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. When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. googletag.pubads().collapseEmptyDivs(); This means you're the single point of contact to get the job done right the first time, every time. Martin v. Jones, 41 N.E.3d 123, 141 (Ohio Ct. App. The "facts" in this section are taken from the Complaint and certain evidence introduced at the preliminary injunction hearing. (Compl., Doc. 2. googletag.enableServices(); But it is at least as likely that Daniels has already conducted fright brokering services under the authority granted to his newly formed LLC. 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. Defendants are correct that this inference alone might not be enough to prove that Daniels is misappropriating trade secrets. Total Quality Logistics v. Integrity Express Logistics, L.L.C. The Complaint Fails To Plausibly Allege That EDA Logistics Tortiously Interfered With TQL's Business Relationships. These restrictions last only "for a period of one (1) year after termination or cessation of [Daniels'] employment." Med. 1. gptAdSlots.push(gptSlot); Shortly thereafter, on March 8, 2021, EDA and Daniels removed the case to this Court on diversity grounds. TQL's claim for damages requires a showing of monetary injury, while TQL's claim for injunctive relief requires it to demonstrate "irreparable harm." Iqbal, 556 U.S. at 678. Call Us 24/7/365 800.580.3101. burger menu open. TQL's website notes that on Feb. 23 the company confirmed a data breach of its IT systems. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. googletag.enableServices(); But at this point in the process, federal pleading standards require TQL only to plausibly allege that Daniels is misappropriating trade secrets. Current and former employees say that in March 2020 in the early days of the COVID-19 pandemic, TQL terminated as many as 700 employees over a three-day period because the company didnt have the technological bandwidth to support all of its employees working remotely. I had a stressful situations going on and they were so patient with me and did help me through this. 29, 2021). Bricker & Eckler is a leading law firm in and beyond Ohio. Total Quality Logistics, LLC v. DeSantis - Casetext 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 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." The Complaint provides sufficient facts to plausibly allege that Daniels breached the non-compete agreement. Id. (Id. Hr'g, Ex. Corp., 952 F.2d 802, 811 (4th Cir. Detail"). Gov't, 305 F.3d 566, 573 (6th Cir. All that is there is the subject-line header, which indicates that the emails concerned a potato starch shipment. Wizard James Recovery Service did a fantastic job at recovering my life savings which got stolen. TQL and their kind are the herniated disc in the industry. More specifically, Bostwick explained that Daniels would have cold-called potential customers, as well as coordinated services and provided pricing estimates for existing customers. googletag.pubads().enableSingleRequest(); 12, "W. Va. Sec'y of State Bus. Judge delays trial date in TQL overtime class-action lawsuit (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183, 191 (1984)). Six Clinics Holding Corp. v. Cafcomp Sys., Inc., 119 F.3d 393, 399, 402 (6th Cir. ). 8, #99). It alleges many thousands of carriers and customers have been impacted. 2015) (citations omitted). Specifically, Defendants alleged that TQL is particularly litigious, and the Court should not encourage TQL to continue to sue its former employees. 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. The Court finds that TQL has met this burden here. (Id.). Plaintiff Total Quality Logistics, LLC ("TQL") is an Ohio limited liability company with its principal place of business in Clermont County, Ohio.
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