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. Try Casetext free Opinion CA2020-09-056 12-06-2021 TOTAL QUALITY LOGISTICS, LLC, Appellant, v. INTEGRITY EXPRESS LOGISTICS, LLC, Appellee. But the Complaint discusses EDA's activities in more detail than Defendants' motion to dismiss would suggest. 21, 2020) (collecting cases). If you are ever in need of such service, you can contact them via: [emailprotected], [emailprotected] or WhatsApp: +1 (863) 254-2842. See Expert Janitorial, LLC v. Williams, No. Clarissa has covered all aspects of the trucking industry for 14 years. 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()); 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. 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 . Detail"). 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." This happened to me in 2015. Moreover, neither of the two emails 721 Logistics sent Daniels and Sunland concerning one of Sunland's potato starch shipments provide much additional insight. Click for more articles by Clarissa Hawes. Moreover, substantial time may pass between now and final resolution in this case, especially since discovery has yet to even begin. (Mot. 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. Ohio 2017) (citing Garofalo v. Chicago Title Ins. I had a stressful situations going on and they were so patient with me and did help me through this. First, TQL submits that Daniels founded EDA Logistics, an LLC organized for conducting freight arrangement services. googletag.cmd.push(function() { Univ. Although it is "plausible," based on the facts alleged, that EDA is operating and soliciting customers, it does not necessarily follow that EDA is soliciting TQL's customers. (Mot. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. Both arguments assume that Daniels is, in fact, violating his non-compete and that the preliminary injunction will prevent him from doing so. 1992). 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. But, as "[p]reparing to compete is not equivalent to competing," this evidence alone is insufficient to support a preliminary injunction. The parties in this case conducted two corporate representative depositions on the same day at the same placeone for this case and one for TQL v. Total Quality Logistics Company Profile - Supply Chain 24/7 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. at 570. Inj. Total Quality Logistics Reviews: What Is It Like to Work At Total 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." 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. 2, 49, #52). 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. 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. 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. 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. 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. 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. No one seems to agree. Capital Corp., 258 F. App'x. The suit, filed by Dinsmore & Shohl on behalf of Total Quality Logistics, accuses Dugger of misappropriating confidential information and violating his non-competition and non-solicitation agreements. 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. Make your practice more effective and efficient with Casetexts legal research suite. 3). 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. googletag.pubads().collapseEmptyDivs(); TQL posted revenues of around $3.6 billion in 2019. Ex-employees claim they did not receive severance packages and that their health benefits were canceled within hours after they were terminated. In fairness to TQL, this may be in part because TQL anticipated that Daniels would be present for the preliminary injunction hearing. 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. As the plaintiff, TQL bears the burden of establishing that it is entitled to such relief. Again, discovery, not a motion to dismiss, is the proper avenue to address any missing specifics about the existence, and amount, of any such damages. The parties will have ample opportunity to access specific damage information through the discovery process."). (Compl., Doc. The email chains revealed that on October 28, 2020, and then again on January 18, 2021, Daniels received an email from 721 Logistics about a potato starch shipment from Sunland. 8). If it turns out that Daniels, in fact, did not violate his non-compete, then he is entitled to compete after that date, and any preliminary injunction then in place would improperly interfere with the public's interest in free competition. (Doc. Total Quality Logistics v. Logistic Dynamics, Inc. - Casetext 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.'"
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