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· 7/8/2024

Total Quality Logistics, L.L.C. v. BBI Logistics, L.LC.

Citations

  • 2024 Ohio 2597

Syllabus

Defendant third-party freight broker and its current employee were not entitled to attorneys' fees because, among other reasons, the trial court dismissed the misappropriation claim without considering it and thus made no finding that plaintiff prosecuted its claims in bad faith. Additionally, the trial court improperly dismissed plaintiff third-party freight broker's claims on the basis that the two-year noncompete was not enforceable because plaintiff (and public) had an interest in preventing a former, higher-level employee that it had cultivated from leaving the company and unfairly competing against plaintiff by, among other things, soliciting former clients. Defendant former employee also experienced no undue hardship by enforcing the noncompete.

Judges: S. Powell

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