8, #99). This is all that is needed to plausibly allege damages for a breach of contract claim. 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.") UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION. The Complaint Fails To Plausibly Allege That EDA Logistics Tortiously Interfered With TQL's Business Relationships. (TQL's Exs. $4B not paying on the agreement (ratecon) rate. TQL's records show a 41% drop in revenues from Sunland from quarter one of 2020 to quarter two of that same year, while Daniels was still with TQL. Cary Corp. v. Linder, No. 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. Life Ins. MATTHEW W. MCFARLAND, JUDGE. googletag.pubads().enableSingleRequest(); 2012). Inj. Inj. (Id. Get the latest business insights from Dun & Bradstreet. TQL: 'Bully On The block'? - Yahoo Finance Iqbal, 556 U.S. at 678. googletag.defineSlot('/21776187881/fw-responsive-main_content-slot2', [[728, 90], [468, 60], [320, 50], [300, 100]], 'div-gpt-ad-1665767737710-0').defineSizeMapping(gptSizeMaps.banner1).addService(googletag.pubads()); PDF Total Quality Logistics, L.L.C. v. Johnson The "irreparable injury" prong, then, also weighs against a preliminary injunction. (Doc. 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. 17, 2021). googletag.pubads().collapseEmptyDivs(); As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. TQL requested damages and injunctive relief on all counts. Then, when Michael Henshall left TQL in June 2018, he passed the Sunland account over to Daniels. The big problem with TQLs noncompete is that its drafted so broadly, everyone knows its overbroad and wont be enforced as written, said Pete Patterson. Austin also worked at TQL for seven years, according to his bio on LinkedIn. 1991)) (brackets and internal quotation omitted). window.googletag = window.googletag || {cmd: []}; Aaron Aanderud Commercial HVAC Technician. There is no clearly defined line. 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()); TQL is a shady and unfair company to do business with how do you think they have had expedential growth. googletag.pubads().collapseEmptyDivs(); Bricker & Eckler is a leading law firm in and beyond Ohio. Click for more articles by Clarissa Hawes. 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. 1). (Bostwick Test., Hr'g on Prelim. 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()); Inj. 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. At first glance, such facts, assuming they are true, as the Court must at this stage, seem sufficient to give rise to a plausible inference of a breach. Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. TQL then concludes that "[u]pon information and belief Daniels is currently performing freight brokerage services in violation of his NCA." I lost my traction in the industry and have never really recovered. (TQL's Exs. The Complaint Plausibly Alleges That Daniels And EDA Logistics Misappropriated Trade Secrets. 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. TQL faces lawsuit over data breach - Cincinnati Business Courier Total Quality Logistics (TQL) Phoenix, AZ. 2, 49, #52). Accordingly, TQL's claim for tortious interference with a business relationship does not rise to the level of plausibility. Then, on September 14, 2020, it appears that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics a form of motor carrier authority called "broker" authority. Basicomputer Corp. v. Scott, 973 F.2d 507, 512 (6th Cir. The Complaint Plausibly Alleges That Daniels Breached His Non-Compete. (TQL's Exs. TQL | Locations 29, 2021). at 30, #49). (Bostwick Test., Hr'g on Prelim. But Daniels was not there. Legg later formed MegaCorp Logistics, which has a nonsolicitation agreement. During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. 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.

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