Of course, the nature of the requisite "injury" varies somewhat for the two forms of relief TQL seeks. Rather, both parties focus their arguments on the harm that might occur if the Court were to grant the requested preliminary injunction. (rrs) Download PDF. Total Quality Logistics (TQL) Employment and Reviews | SimplyHired 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. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[468, 60], [728, 90], [300, 100], [320, 50]], 'div-gpt-ad-1665767472470-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); 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. 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. Aero Fulfillment Servs., Inc. v. Tartar, No. 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. 3. In fact, the Supreme Court expressly rejected the "possibility" standard as "too lenient," and instead required a higher showing on the grounds that a preliminary injunction is an "extraordinary remedy" with the dangerous potential to unjustly restrain the subject's liberty. Former employees told FreightWaves they were expected to work more than 60 hours per week to meet sales goals and were expected to be available 24 hours per day, seven days a week to increase TQLs customer base and were expected to respond to customer problems or questions at all times. 1:17-CV-150, 2018 WL 1891354, at *7 (S.D. at 9(b)). Co., 823 F.2d 984, 988 n. 2 (6th Cir.1987)). 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. 8). googletag.cmd.push(function() { As of 2016, Oaks was listed as Cincinnatis wealthiest person, with a net worth estimated at $980 million, according to Forbes. The amount in damages exceeds $5 million, according to the lawsuit. 1, "Daniels Resume"). 2023 www.cincinnati.com. Hr'g, Ex. Until that process is complete later this week, were holding on sending any additional employees home for testing or work-from-home moves.. In late 2015, Ryan Daniels, "a seasoned sales professional," was on the job hunt. (Id. 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. Co., 661 N.E.2d 218, 226 (Ohio Ct. App. The Court GRANTS the motion with respect to TQL's tortious interference with a business relationship claim, but does so WITHOUT PREJUDICE. Your name will not be used without your permission in a follow-up article. 2, 25, #49). My first morning in the new job my employer gets a fax from my former employer attorney. Nowhere in the email chain does 721 Logistics (or Sunland) explain why it reached out to Daniels. Leary, 228 F.3d at 736 (quoting McPherson v. Mich. High Sch. RTS Financial. Of course, the plausibility of any inference will depend on the Court's "common sense and the strength of competing explanations" for why Daniels apparently started EDA. At that time, TQL experienced an additional 61% drop in Sunland's business. Those arguments are not particularly relevant here, as the Court has already held that there is no "substantial likelihood of success on the merits" that can justify a preliminary injunction. The parties will have ample opportunity to access specific damage information through the discovery process."). Jacob Patterson started at TQL in August 2007 and rose through the ranks to become a senior logistics account executive. 1998)). 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. Inj. 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. to Prelim. [B]eyond that, without speaking to TQL, Im not authorized to say anything, other than to direct you to the publicly available docket, Wiles told FreightWaves. It alleges many thousands of carriers and customers have been impacted. J. Feldkamp Design Build. (Id. TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. In fact, the records that TQL provided at the evidentiary hearing showed that TQL's logistics accounts executives began calling on Sunland as early as 2016. 3. Hr'g, Exs. Access the headquarters listing for Total Quality Logistics, LLC. 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. Total Quality Logistics, LLC v. Traffic Tech, Inc. et al | L Hr'g, Ex. (TQL's Exs. 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. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. They threaten with a Carrier411 write up that could bankrupt a company. 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. googletag.enableServices(); at 556. 5,500 employees. On the other hand, the public has an interest in free and fair competition. (Bostwick Test., Hr'g on Prelim. 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. The full scope of the harm has yet to be realized, the lawsuit says. Mot., Apr. Workers Union, Local 1099 v. Sw. Ohio Reg'l Transit Auth., 163 F.3d 341, 347 (6th Cir. Total Quality Logistics. Its fast-paced, energetic s TQL Total Quality Logistics 1:18-cv-00796, see flags on bad law, and search Casetext's comprehensive legal database . The percentage of those that actually make it onto commission with this company is very low.. As the plaintiff, TQL bears the burden of establishing that it is entitled to such relief. googletag.enableServices(); 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. 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 - Transportation/trucking/railroad - Overview During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. Austin also worked at TQL for seven years, according to his bio on LinkedIn. 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 injuries TQL alleges, including the loss of customer goodwill and the loss of fair competition due to the violation of a non-compete, usually constitute an irreparable injury. Gonzales v. Nat'l Bd. 2, 25-26, #49). Defendants' only real argument to the contrary is that these facts do not plausibly allege a violation of the non-compete because "TQL's complaint does not allege any specific facts that Defendant EDA is actually brokering freight." 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. Therefore, Defendants continue, TQL's Complaint "does not sufficiently allege that Daniels's employment violates the NCA." 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. at 30, #49). 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. 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. googletag.enableServices(); Inj. In fairness to TQL, this may be in part because TQL anticipated that Daniels would be present for the preliminary injunction hearing. at 557; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 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. P. 8. The bench trial was scheduled to start on July 13. googletag.cmd.push(function() { 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. But the Court is in no position to resolve that issue today. Mot., Apr. }); 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. The Complaint Plausibly Alleges That EDA Logistics Tortiously Interfered With TQL's Contracts. This means you're the single point of contact to get the job done right the first time, every time. 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. "This is because the preliminary injunction is an 'extraordinary remedy involving the exercise of a very far-reaching power, which is to be applied only in the limited circumstances which clearly demand it.'" Detail"). 1977)). Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. Bostwick testified that Daniels' primary responsibility in those various roles was to manage customer accounts. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot6', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767872042-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); The bench trial was scheduled to start on July 13. Ass'n v. Knebel, 563 F.2d 256, 261 n. 4 (6th Cir. Call Us 24/7/365 800.580.3101. burger menu open. googletag.pubads().collapseEmptyDivs(); Account Executive Job in Phoenix, AZ at Total Quality Logistics (TQL) Total Quality Logistics, LLC v PBD, Inc et al | 1:19-CV-00212 | Court Clarissa has covered all aspects of the trucking industry for 14 years. TQL provides freight brokerage and third-party logistics services to customers across the continental United States. Bell Atl. for Prelim. Defendants' argument directed at damages similarly falls flat. 2, "Daniels Hiring Email"). 16630 Southfield Ltd. P'ship v. Flagstar Bank F.S.B., 727 F.3d 502, 504 (6th Cir. She is an award-winning journalist known for her investigative and business reporting. (Mot. literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. Because Daniels founded EDA, TQL reasons, he "inevitably will use [trade secret] information for his and EDA's benefit." Resume Builder; Salary Estimator; Read related stories by FreightWaves Clarissa Hawes: TQL delays start date of nearly 200 near hires because of COVID-19. TQL | Truckload, LTL, Intermodal, Drayage, Air, Ocean, Specialized Services 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). (Bostwick Test., Hr'g on Prelim. 7, "TQL Separation Email"). In short, the reason behind the drop off in Sunland's business is unclear. 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. The Complaint Plausibly Alleges That Daniels Breached His Non-Compete. Six Clinics Holding Corp., 119 F.3d at 400 (quoting Gaston Drugs, Inc. v. Metro. Answered Apr 10, 2023. This is all that is needed to plausibly allege damages for a breach of contract claim. Find company research, competitor information, contact details & financial data for Total Quality Logistics, LLC of Cincinnati, OH. TQL simply has not made a "clear" showing that Daniels is actually competing against TQL. Tomaydo-Tomahhdo, LLC v. Vozary, 82 N.E.3d 1180, 1184 (Ohio Ct. App. }); googletag.cmd.push(function() { close alert. TQL, however, has not made such a showing here. 3). Id. googletag.pubads().collapseEmptyDivs(); 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 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. 2, 16, #47; TQL's Exs. (NCA at 10). On the first day of his new job, Daniels signed a non-compete and non-solicitation agreement. 2000). Mgmt., LLC v. Cutter, 257 F. Supp. Resources and Tools. A TQL spokesman said the company doesn't comment on pending litigation. to Prelim. The staff members seemed legit, not just classifying the problem and charging not without good response. (Compl., Doc. TQL: 'Bully On The block'? - Yahoo Finance 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." A, #58-64, "NCA"). Secondarily, Defendants argue that the Court should dismiss TQL's claim for damages because the Complaint did not plausibly allege the "damages [TQL] has suffered as a result of Daniels's alleged breach." to Prelim. Mich. 2001). Since the COVID-19 threat began, any TQL employee who stated his or her discomfort with working in the office because of health concerns was immediately offered the opportunity to work from home, with no strings attached, Millikin told FreightWaves in April. at 9(b)(iii)). Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring!