total quality logistics lawsuit

literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. In the meantime, Defendants filed a 12(b)(6) motion to dismiss. 3. Carriers and Trucks are the backbone of this industry. 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. (TQL's Exs. 1968)) (noting that plaintiff has the burden of proof, by clear and convincing evidence, to warrant a preliminary injunction). TQL provides freight brokerage and third-party logistics services to customers across the continental United States. Org. This matter is before the Court on cross motions for summary judgment. The Complaint's only support for this claim is that "upon information and belief, [Daniels is] doing business with at least one TQL customer with whom he worked while employed at TQL." Total Quality Logistics (TQL) Phoenix, AZ. Total Quality Logistics. 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. googletag.pubads().enableSingleRequest(); Corp., 952 F.2d 802, 811 (4th Cir. 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()); 2023 www.cincinnati.com. Gov't, 305 F.3d 566, 573 (6th Cir. 3). 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. window.googletag = window.googletag || {cmd: []}; 10 days. 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. 1-1 at PageID 6). To survive a motion to dismiss, TQL need not show that, in fact, EDA Logistics is actually brokering freight. The company is also dealing with backlash from layoffs due to lost business during the pandemic. They hold payment and try to use a small claim to hold dozens of loads over the carriers head. 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. 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. 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. to Prelim. }); 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. to Dismiss, Doc. Total Quality Logistics LLC v. Logistic Dynamics, LLC - Casetext But the "mere possibility of success" is not enough to justify a preliminary injunction. Aaron Grant Bell Atl. Aaron Cox VP - Software Manager. Then, when Michael Henshall left TQL in June 2018, he passed the Sunland account over to Daniels. J. Feldkamp Design Build. (TQL's Exs. 7, "TQL Separation Email"). TQL is WORST Broker Pirates in industry . (Compl., Doc. (Bostwick Test., Hr'g on Prelim. The Court finds that TQL has met this burden here. This happened to me in 2015. 2017) (citing Heartland Home Fin., Inc. v. Allied Home Mortg. In fact, allegations in the complaint need not even be particularly convincing. She is an award-winning journalist known for her investigative and business reporting. Ripoff Report | total-quality-logistics complaints, reviews, scams Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Clarissa has covered all aspects of the trucking industry for 14 years. Managers also reminded them of the noncompete agreements they signed on their first day of employment with the logistics firm and that it would be enforced if they sought work with another brokerage firm within one year of leaving TQL. Ken Oaks and Ryan Legg co-founded TQL in 1997, but the two parted ways 16 years ago. For now, though, it is enough to note that the facts alleged in the Complaint comport with Rule 8's pleading standards on the breach-of-contract allegations. 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.") Life Ins. The bench trial was scheduled to start on July 13. But I suspect that the majority, if not the vast majority, of them are.. 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. (Doc. As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. 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. 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. 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. 3, #80-81). A, #58-64, "NCA"). 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. Res. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. Total Quality Logistics LLC | Better Business Bureau Profile (Bostwick Test., Hr'g on Prelim. 29, 2021). to Prelim. Total Quality Logistics, LLC, located in Cincinnati, Ohio, offers truckload freight brokerage services. On June 29, 2020, Daniels voluntarily resigned from TQL. 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. Winter v. Nat. 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. 2, Ex. But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. Six Clinics Holding Corp. v. Cafcomp Sys., Inc., 119 F.3d 393, 399, 402 (6th Cir. There is no clearly defined line. Although these facts suffice to create a plausible inference that Daniels is actually competing against TQL, the only solid conclusion that the Court can draw from the evidence provided at this stage is that Daniels is at least preparing to compete with TQL. Hr'g, Ex. 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()); Before joining FreightWaves, she wrote for Land Line Magazine and Trucks.com. window.googletag = window.googletag || {cmd: []}; 1. (Mot. 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. window.googletag = window.googletag || {cmd: []}; 9, "Sunland Revenue Chart"). Timothy Denton, vice president of corporate communications and media relations at USI, and TQLs Brown did not respond to FreightWaves requests for comment. 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. Schs., 160 F. Supp. 2, 16, #47; TQL's Exs. TQL, however, has not made such a showing here. The regulating bodies in charge of controlling these establishments really need to do better! While Daniels apparently was taking these steps to form his new LLC, TQL was busy trying to figure out why it had experienced a significant drop in business with respect to one of its repeat customers, Sunland Trading, Inc. TQL had long undertaken efforts to attract Sunland's business. Co., 661 N.E.2d 218, 226 (Ohio Ct. App. Hr'g, Exs. TQL are extornists! 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. However, after five months in the new role, his work-life balance was substantially worse, according to court documents. Id. }); TQL uniformly does not make exceptions to the agreement, including the one-year non-compete and non-solicitation terms, a TQL attorney told a former employee via email. }); TQL states it has more than 5,000 employees in 57 offices across 26 states. Defendants have not submitted any evidence to suggest that this is the case. googletag.cmd.push(function() { At-a-glance. 29, 2021). Resume Builder; Salary Estimator; During his time at TQL, Daniels worked his way up from Logistics Account Executive Assistant, to Logistics Account Executive, to Saturday Group Leader, to Sales Team Leader. 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. (NCA at 9(b)). According to court documents, Austin was told that hiring Patterson would hurt [USIs] business relationship as TQL is a 20-year client of USI. $4B not paying on the agreement (ratecon) rate. Id. 1995)). 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 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. Judge delays trial date in TQL overtime class-action lawsuit 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. (Mot. Inj. googletag.enableServices(); (Id.). The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. 13, 14, "FMCSA Licensing History"). TQL is a shady and unfair company to do business with how do you think they have had expedential growth. No one factor is determinative, rather, the Court should "balance[] [the factors] against each other." googletag.pubads().enableSingleRequest(); TQL's website notes that on Feb. 23 the company confirmed a data breach of its IT systems. (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)). 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. Total Quality Logistics, LLC v PBD, Inc et al | 1:19-CV-00212 | Court Send your complaint to this team now, you can find them on google. Aaron Aanderud Commercial HVAC Technician. 8). TQL is a multi-billion dollar leader in the 3rd party logistics industry. On January 4, 2016, Daniels landed a job as a Logistics Account Executive Trainee with TQL, a company that provides freight transportation and logistics services. 3:09-cv-283, 2010 WL 908740, at *9 (E.D. }); googletag.cmd.push(function() { And, equally as problematic for TQL, nowhere in the email chain does Daniels ever respond to 721 Logistics or Sunland. googletag.pubads().enableSingleRequest(); TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. RIFFE, et al, Defendants. TQL posted revenues of around $3.6 billion in 2019. Plaintiff Total Quality Logistics, LLC ("TQL") is an Ohio limited liability company with its principal place of business in Clermont County, Ohio. Accordingly, TQL's claim for tortious interference with a business relationship does not rise to the level of plausibility. To start, neither party has identified how the failure to enter a preliminary injunction would harm third parties. gptAdSlots.push(gptSlot); Contact Information. Rather TQL's claim is the type of "unadorned, the defendant-unlawfully-harmed-me accusation" that fails to make the cut under Iqbal and Twombly. In hindsight, it was very telling, in that about every 2-3 months for a while I was getting a call from a new rep. 2002) (citing United Food & Com. Ripping off carriers. Mgmt., LLC v. Cutter, 257 F. Supp. I must commend them for recovering my money from the people who stole from me. }); Pete Patterson has been involved in his brothers legal battle since May 2021 over TQLs claims that Jacob Patterson had violated his noncompete when he went to work for asset-based carrier PBJ Express. 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. Happened to me in 2012!!!!! Total Quality Logistics, LLC v. Johnson et al, No. 1:2021cv00467 The contract at issue here is Daniels' non-compete agreement. googletag.pubads().collapseEmptyDivs(); 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. Importantly, all of TQL's claims require proof that Daniels is (or, at least, has been) actually competing against TQL. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. (Id.). Total Quality Logistics facing $5 million lawsuit over 'massive' data Corp., 172 F. Supp. This means you're the single point of contact to get the job done right the first time, every time. 1:2021cv00467 - Document 11 (S.D. 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. Id. 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()); 10 but good luck getting them approved . Ohio 2020) case opinion from the Southern District of Ohio US Federal District Court Total Quality Logistics (TQL) is the largest privately held freight brokerage firm in the nation. But that misunderstands a plaintiff's obligation at the pleadings stage. 1. Med. 2. (Bostwick Test., Hr'g on Prelim. (TQL's Exs. However, this isnt the only class-action lawsuit TQLs legal team is fighting regarding the overtime issue and claims by former employees that the brokerage violated the FLSA. 1:18-cv-00796, see flags on bad law, and search Casetext's comprehensive legal database . 1:21-cv-164 (S.D. of Texas v. Camenisch, 451 U.S. 390, 395 (1981) (explaining that "it is generally inappropriate for a federal court at the preliminary-injunction stage to give a final judgment on the merits"). Total Quality Logistics v. Logistic Dynamics, Inc. - Casetext googletag.enableServices(); googletag.pubads().enableSingleRequest(); 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. googletag.pubads().enableSingleRequest(); TQL | Locations

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total quality logistics lawsuit

total quality logistics lawsuit