ELKINS — Reckart Logistics is suing Xpress Transportation for breach of contract.
Reckart, a transportation broker, contracted with Xpress beginning in December 2014 and would have Xpress transport loads for the plaintiff's customers, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
In 2016, the defendant sent the plaintiff a written 30-day notice of termination, which was effective Sept. 14, 2016. Due to the non-solicitation provision in the contract, the defendant could not solicit until Sept. 14, 2017, however, the plaintiff discovered that the defendant was not adhering to the contract.
The defendant's actions deprived Reckart of its rightfully earned commission despite the plaintiff fully performing all of its obligations under the agreement, according to the suit.
The defendant breached its contract and was unjustly enriched at the plaintiffs' expenses, according to the suit.
The plaintiff is seeking no less than $170,000 with pre- and post-judgment interest. It is represented by Joseph Blalock, Eric Larson Zalud and Deana S. Stein of Benesch Friedlander Coplan & Aronoff.
The case is assigned to District Judge Thomas Kleeh.
U.S. District Court for the Northern District of West Virginia case number: 2:21-cv-00012
