TQL’s RICO response: rips carriers’ ‘poor business practices’

3PL, sued alongside C.H. Robinson in Texas federal court, also says the venue of the litigation is incorrect

TQL fired back in the RICO lawsuit it faces with C.H. Robinson. (Photo: FreightWaves)

The first response in the RICO case initiated by a group of carriers against giant 3PLs C.H. Robinson and TQL has been filed by the latter, and it has two key arguments.

TQL, in a series of three individual motions filed Monday in the U.S. District Court for the Eastern District of Texas, is seeking dismissal of the case primarily on the grounds that first, its practices do not rise to the definition of corrupt activity under the Racketeer Influenced and Corrupt Organizations Act (RICO); and two, beyond that, the case is in the wrong court.

A third point is that one of the defendants, IWS Motor Freight, doesn’t have a contractual relationship with TQL.

Arguing about TQL and C.H. Robinson’s behavior (the latter has yet to file a response to the lawsuit) would become moot in the federal court if it accepts TQL’s argument that the venue chosen by the carriers is incorrect.

Let’s do this in Ohio

The core of the TQL argument is that the carrier plaintiffs–Stevens Trucking, Western Flyer Express, Christenson Transportation and E.O.S., in addition to IWS–had agreed in their carrier contracts with TQL “to litigate any dispute with TQL exclusively in the state court located in Clermont County, Ohio.” 

Clermont County is a suburb of Cincinnati. TQL is based in that city.

“TQL requests enforcement of those agreements before adjudication of the merits,” the company said in its court filing. “The agreements expressly choose Ohio law.”

In the case of IWS, TQL says it wants that carrier out of the case because it is not based in Texas, and it “had no direct contract with TQL and conducted no business with TQL.”

But it is a second filing by TQL, also submitted Monday, that is the first public record of the operational argument the 3PL might be making in the litigation beyond the question of venue. It is part of a request for a dismissal.

Active docket for TQL
TQL had a busy September on the legal front. Besides the RICO case, it did win a victory when it was tossed out as a defendant in a Colorado trial resulting from a fatal incident in that case that involved a truck hired by TQL. It also made its oral arguments in the case involving a carrier named Pink Cheetah, a case that goes to the issue of broker transparency.

No Montgomery impact

And while broker lawsuits now immediately spur thoughts of their impact under Montgomery vs. Caribe Transport II, that Supreme Court precedent has no role in the RICO case.

TQL’s primary argument is that the actions and results that the carriers cite as their evidence of a conspiracy among the two big brokers is actually “a dispute about Plaintiffs losing freight to a lower bidder, the likely result of their poor business practices.”

“Plaintiffs dress this ordinary commercial setback that they are solely responsible for in the language of racketeering and false advertising because they cannot plead a single TQL act that caused a single lost account,” the company says in its summary of its motion to dismiss.

TQL’s action tries to separate itself from C.H. Robinson. It says that many of the specific lost accounts the carriers said they suffered because of the brokers’ actions were lost from their relationship with C.H. Robinson, though at no time in its argument does TQL suggest there was any improper activity by C.H. Robinson.

Weak market doesn’t mean illegal practices

“Low rates, carrier noncompliance and a declining freight market do not establish that TQL committed racketeering or false advertising,” the motion to dismiss said.

The suit filed by the carriers cite several shippers who had utilized their services but no longer did, including Johnson Controls, Kroger and Kraft Heinz. In a sentence of almost perfect legalese, the TQL attorneys scoff at these allegations by saying that “those aggregate losses do not identify which injury was caused by the asserted TQL statutory violation.”

In a less legally-driven passage, TQL says the charges leveled against it “contain many anecdotes cloaked as facts, including allegations generally about the industry or of other brokers’ practices and third-party driver injuries, but none of those are elements of the particularly causes of action asserted against TQL–they are merely rhetoric designed to distract from the absence of factual support.”

The carriers’ allegations, TQL says, are mostly “inferences.”

Carrier complaints about low rates “asset contemporaneous fraudulent intent, but they infer it from the premise that low rates necessarily reveal forced labor or that later carrier noncompliance proves an earlier false promise,” the TQL response says. 

There are charges in the carriers’ lawsuit about “allegedly falsified records,” as the TQL response puts it. But the broker says the records were only received by TQL, not created by it, and “receipt of a falsified record does not establish TQL’s knowing participation in its falsification.”

In one paragraph that seeks to sum up TQL’s view of the carriers’ arguments, as well as its own defense, the giant 3PL’s retort is that the way brokers work should be known to the carriers, since most of them have their own brokerage arms themselves.

“Plaintiffs’ market-wide theory moves through several steps: carriers allegedly coerce workers or evade regulation; their costs fall; brokers purchase cheaper capacity; freight prices and shipper benchmarks fall; plaintiffs lose bids or operate at reduced margins,” TQL said. “That narrative does not explain which TQL predicate act directly produced a particular plaintiff’s lost account, margin erosion, or aggregate revenue decline. Moreover, Plaintiffs fail to answer how a broker who is using a motor carrier licensed and approved by the Department of Transportation, amounts to fraud or a statutory violation. This is especially true given that at least half of the plaintiffs are licensed as freight brokers with the FMCSA.”

The third motion for a dismissal filed by TQL is directed specifically at carrier IWX Motor Freight, which as noted TQL sees as separate from the other carriers due to the absence of a contractual arrangement between the two companies.

More articles by John Kingston

English language rule’s comments bring criticism from Sikh organization

FMCSA split sleeper berth pilot program moves closer to launch

Texas judge upholds nuclear verdict against C.H. Robinson

Upcoming FreightWaves Events
Compliance

Brokerage Compliance Symposium

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

October 26, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
Awards

F3 Awards Dinner

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

October 26, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
FreightTech

F3: Future of Freight Festival

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

October 27, 2026 – October 28, 2026
The Signal at Chattanooga Choo Choo • Chattanooga, TN
Register Now
Compliance Brokerage Compliance Symposium Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now
Awards F3 Awards Dinner Oct 26 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now
FreightTech F3: Future of Freight Festival Oct 27 – Oct 28 • The Signal at Chattanooga Choo Choo • Chattanooga, TN

Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.

The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now

John Kingston

John has an almost 50-year career as a journalist, most of them covering commodities and markets. The largest part of his career was spent at Platts, now part of S&P Global Energy. He created the Dated Brent benchmark, now the world’s most important crude oil marker. He was Director of Oil, Director of News, the editor in chief of Platts Oilgram News and the “talking head” for Platts on numerous media outlets, including CNBC, Fox Business and Canada’s BNN. He covered metals before joining Platts and then spent a year running Platts’ metals business as well. He was awarded the International Association of Energy Economics Award for Excellence in Written Journalism in 2015. In 2010, he won two Corporate Achievement Awards from McGraw-Hill, an extremely rare accomplishment. He was awarded the 2020 Abdullah Bin Hamad Al-Attiyah International Energy Award for Lifetime Achievement for the Advancement of International Energy Journalism.