googletag.pubads().collapseEmptyDivs(); Defendants argue that TQL's Complaint fails to plausibly allege the third element: that EDA/Daniels used TQL's trade secrets. Org. 2:20-cv-1952, 2020 WL 1932896, at *4 (S.D. The first factor is whether TQL has demonstrated "a strong likelihood of success on the merits." 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. The Court finds that TQL has met this burden here. TQL Has Not Provided Enough Evidence At This Stage For The Court To Conclude That It Has A Strong Likelihood Of Success On The Merits. ). Hr'g, Ex. Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. (Bostwick Test., Hr'g on Prelim. Inj. The company is considered the largest privately held company in the Cincinnati area, withannualrevenues of more than $3.5 billion. 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. Rather, both parties focus their arguments on the harm that might occur if the Court were to grant the requested preliminary injunction. gptAdSlots.push(gptSlot); Total Quality Logistics (TQL) is the largest privately held freight brokerage firm in the nation. When Daniels left TQL, it triggered his one-year obligation under the non-compete and non-solicitation agreements. Total Quality Logistics 462 S 4th St, Louisville, Kentucky, United States, 40202-3466 Sharing is caring! He is married with five preteen children and struggled with work-life balance at TQL. And courts have held that it is overbroad and cant be enforced as written. Ohio 2020) case opinion from the Southern District of Ohio US Federal District Court Evidence suggests that, on August 20, 2020, Daniels organized EDA Logistics, a limited liability company designed to conduct "freight arrangement services." 29, 2021). But he went to a trucking company, which was a supplier for TQL, Patterson said. var gptSlot = googletag.defineSlot('/21776187881/FW-Responsive-Main_Content-Slot1', [[728, 90], [468, 60], [300, 100], [320, 50]], 'div-gpt-ad-b1-i-fw-ad-1').defineSizeMapping(gptSizeMaps.banner1).setCollapseEmptyDiv(true).addService(googletag.pubads()); 3d 892, 901 (S.D. Inj. Ripoff Report | total-quality-logistics complaints, reviews, scams 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. I must commend them for recovering my money from the people who stole from me. window.googletag = window.googletag || {cmd: []}; (rrs) Download PDF. 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. They were out for blood! Need some recourse against brokers. Nowhere in the email chain does 721 Logistics (or Sunland) explain why it reached out to Daniels. }); Tom Millikin, corporate communications manager of TQL, told FreightWaves at the time that he wasnt sure of the exact number of carriers who may have been affected by the security breach in its IT systems but was working with law enforcement and a cybersecurity firm to identify which carriers and customers may be impacted.. 2000). Rule 30 (b) (6) Deposition. to Prelim. Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. Read Total Quality Logistics, LLC v. DeSantis, Case No. Total Quality Logistics' Competitors. The Court also DENIES TQL's Motion for a Preliminary Injunction (Doc. googletag.cmd.push(function() { 2000) (quoting Direx Israel, Ltd. v. Breakthrough Med. Computer systems at Total Quality Logistics ( TQL) were compromised in a cyber-attack that took place on February 23. Speaks volumes about the revolving door there. See Hartman v. Acton, No. Signed by Judge Timothy S. Black on 8/5/2021. It alleges many thousands of carriers and customers have been impacted. (Id.). Neither piece of evidence, considered alone or in conjunction, shows a "strong likelihood" that Daniels is actually competing with TQL. 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. googletag.pubads().collapseEmptyDivs(); 4. to Prelim. googletag.cmd.push(function() { TQL is a multi-billion dollar leader in the 3rd party logistics industry. Id. Life Ins. }); googletag.cmd.push(function() { Asked Oct 11, 2017. Meizlish said he expects the Illinois class-action case over former TQL employees overtime complaint to go to trial before his. (Mot. 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. 2d 431, 433 (N.D. Ohio 1998) (citing Garlock, Inc. v. United Seal, Inc., 404 F.2d 256, 257 (6th Cir. Judge delays trial date in TQL overtime class-action lawsuit Co., 661 N.E.2d 218, 226 (Ohio Ct. App. According to the lawsuit, the company is working with the FBI to identify the hackers. }); 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. TQL commenced an internal investigation where it learned the facts alluded to abovethat Daniels had both started EDA Logistics and obtained "broker" authority. Hr'g, Ex. His company has filed litigation related to a nonsolicitation agreement only once in its 13-year-history. Try Casetext free Opinion CA2020-09-056 12-06-2021 TOTAL QUALITY LOGISTICS, LLC, Appellant, v. INTEGRITY EXPRESS LOGISTICS, LLC, Appellee. Hackers, the company said, gained access to information in some of our carrier accounts.. 2023 www.cincinnati.com. 2002) (citing United Food & Com. 1977)). But I suspect that the majority, if not the vast majority, of them are.. Access the headquarters listing for Total Quality Logistics, LLC. 1-1). (Id. Workers Union, Local 1099 v. Sw. Ohio Reg'l Transit Auth., 163 F.3d 341, 347 (6th Cir. On June 29, 2020, Daniels voluntarily resigned from TQL. Contact Information. 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 13, 2018). But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. In order for these counts to move forward, then, TQL must plausibly allege the four traditional elements of a breach of contract claim: (1) the existence of a valid agreement; (2) that the plaintiff (TQL) performed; (3) that the defendant (Daniels) failed to perform; and (4) that TQL sustained injury. Total Quality Logistics, LLC v. Integrity Express Logistics, LLC Mgmt., LLC v. Cutter, 257 F. Supp. googletag.cmd.push(function() { TQL has provided several pieces of evidence in this regard. Total Quality Logistics Company Profile - Supply Chain 24/7 Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. 2 at 2). TQL's claim for damages requires a showing of monetary injury, while TQL's claim for injunctive relief requires it to demonstrate "irreparable harm." Inj. If you are ever in need of such service, you can contact them via: [emailprotected], [emailprotected] or WhatsApp: +1 (863) 254-2842. (Id. TQL's website notes that on Feb. 23 the company confirmed a data breach of its IT systems. Connect with Bricker online via Twitter, Facebook and LinkedIn . googletag.pubads().collapseEmptyDivs(); 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()); 2012). 's, Inc. v. Int'l Bus. googletag.enableServices(); }); 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. 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()); Inj. The freight brokerages overbroad language in the noncompete is so expansive that it would prohibit him from even driving for DoorDash, the lawsuit states. Accordingly, whether a preliminary injunction serves these public interests is also too speculative to justify such extraordinary relief. googletag.enableServices(); Have something to share about Total Quality Logistics? According to court documents, Austin was told that hiring Patterson would hurt [USIs] business relationship as TQL is a 20-year client of USI. Therefore, on balance, the Court concludes that TQL is not entitled to a preliminary injunction at this time. Total Quality Logistics - Transportation/trucking/railroad - Overview (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183, 191 (1984)). The agreement defines "Competing Business" to include "any entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage, or supply-chain management services anywhere in the Continental United States." (Mot. 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()); Notable Alumni. googletag.pubads().enableSingleRequest(); TQL's noncompete hurts ex-employee's job prospects, lawsuit claims Similarly, plaintiff's conclusory claims that Carpenter and Boom Trendz began soliciting Plaintiff's, Full title:TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. EDA LOGISTICS, et al., Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION. Schs., 160 F. Supp. to Dismiss, Doc. 3. Ass'n v. Knebel, 563 F.2d 256, 261 n. 4 (6th Cir. at 570. 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. April 30, 2023 Full-Time About the role: As a Sales Representative for TQL Phoenix, you will build your own book of business while handling your customer's transportation needs 24/7/365. 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. Total Quality Logistics (TQL) Phoenix, AZ. Facts and Procedural History { 2} TQL is a freight broker and third-party logistics company headquartered in Clermont County, Ohio. Speech First, Inc. v. Schlissel, 939 F.3d 756, 763 (6th Cir. TQL, however, has not made such a showing here. 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. These restrictions last only "for a period of one (1) year after termination or cessation of [Daniels'] employment." Resources and Tools. to Prelim. window.googletag = window.googletag || {cmd: []}; TQL recommended carriers take extra security measures and contact their bank or financial institution and notify them that their information specifically bank account, routing and tax ID numbers may have been compromised, and suggested carriers place a fraud alert on their credit files. Ohio Apr. That said, a plaintiff need not provide "detailed" factual allegations. TQL presses two counts based on this alleged breach, one seeking damages and the other injunctive relief, but the underlying conduct (breach of contract) is the same. Desperate for work during the pandemic, some terminated TQL employees asked the freight brokerage to release them from its restrictive noncompete, but it refused. window.googletag = window.googletag || {cmd: []}; googletag.pubads().enableSingleRequest(); The "irreparable injury" prong, then, also weighs against a preliminary injunction. Mot., Apr. 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 . to Prelim. TQL Total Quality Logistics - Facebook 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. Total Quality Logistics (TQL) insights Based on 1,294 survey responses What people like Feeling of personal appreciation Supportive environment Ability to learn new things Areas for improvement Overall satisfaction Fair pay for job Time and location flexibility Lots of "fun" things for the company events but lacks good managers and directions. Detail"). Working at Total Quality Logistics (TQL): 2,319 Reviews | Indeed.com 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. 12, 2010) ("There is no requirement that contract damages be pled with detailed specificity. 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. (Compl., Doc. This trend continued into the third quarter, which is the quarter right after Daniels left TQL. window.googletag = window.googletag || {cmd: []}; (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)). We looked at the docket of Clermont County Court of Common Pleas for the last five years and there are between 400 and 500 cases with TQL as the plaintiff, Pete Patterson told FreightWaves. TQL has also come under fire for as many as 700 employees that were let go over a three-day period in mid-March amid the coronavirus pandemic. That motion argues that the Court should dismiss TQL's Complaint because it consists of "conclusory allegations and rote recitations of elements of [each] claim[]," and, as such, fails to satisfy Iqbal and Twombly pleading standards. }); According to court filings, [Jacob] Patterson brings this action to stop TQLs economic bullying so that he can move on with his life and career.. literally needed to contact (spynerdy @ gmail) to get some of my funds back from them. Aaron Aanderud Commercial HVAC Technician. This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. Total Quality Logistics v. Integrity Express Logistics, L.L.C. 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. However, employment talks with Patterson ended two weeks later after Austin spoke with Chris Brown, TQLs general counsel. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. Clarissa has covered all aspects of the trucking industry for 14 years. Consistent with that understanding, the Court can issue a preliminary injunction only "upon a clear showing that the plaintiff is entitled to such relief." The Complaint Plausibly Alleges That Daniels And EDA Logistics Misappropriated Trade Secrets. 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. The Court, therefore, DENIES Defendants' motion to dismiss TQL's breach of contract claim. }); 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. She is an award-winning journalist known for her investigative and business reporting. Jacob Patterson started at TQL in August 2007 and rose through the ranks to become a senior logistics account executive. Before joining FreightWaves, she wrote for Land Line Magazine and Trucks.com. TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. Defendants have not submitted any evidence to suggest that this is the case. 2, Ex. 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. (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.'" First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. at 9(b)(i)). TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. EDA LOGISTICS, et al., Defendants. 462 S 4th St. . }); 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.cmd.push(function() { Do you have a story to share? Read Total Quality Logistics LLC v. Logistic Dynamics, LLC, 1:20-cv-00669, see flags on bad law, and search Casetext's comprehensive legal database . 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. His suit, filed in Clermont County, Ohio, alleges the case demonstrates the extraordinary measures TQL will take to harm the career prospects of an employee who has the temerity to leave the company.. How many vacation days do you get per year? But the Court is in no position to resolve that issue today. Company Profile. She is an award-winning journalist known for her investigative and business reporting. (Compl., Doc. at 557; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Hr'g, Ex. In short, the reason behind the drop off in Sunland's business is unclear. Inj. 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. Total Quality Logistics, LLC v. Integrity Express Logistics, LLC Download PDF Check Treatment Legal research that outperforms Westlaw and Lexis, starting at $100/month. Start with TQL's claim that Daniels breached his non-compete. TQL argues that a preliminary injunction would serve the public interest for two reasons. 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.'") 13, 14, "FMCSA Licensing History"). 1997) (citing Mason Cnty. 3). To be sure, it is also possible, as Defendants seem to suggest, that Daniels is just preparing to compete, and has yet to actually engage in any competitive activity. It appears, though, that within a few months after leaving TQL, Daniels may have decided that he was not entirely done with the freight-brokering industry.