A group of commercial truck drivers claims they were denied job opportunities due to alleged unlawful agreements among major grocery and logistics companies following the bankruptcy of their former employer. The complaint was filed by Dan Cheatham, Brian Kuhn, and Eric Cabler on April 2, 2026, in the United States District Court for the Southern District of Ohio against The Kroger Co., Werner Trucking Company (formerly Werner Enterprises), Swift Transportation Services, and U.S. Xpress Enterprises.
According to the class action complaint, the plaintiffs represent themselves and other similarly situated former employees of Quickway Transportation, Inc., which ceased operations and terminated all its commercial truck drivers in early 2026 after filing for bankruptcy. The lawsuit alleges that Kroger entered into new transportation contracts with Werner, Swift, and U.S. Xpress to replace Quickway but directed these companies not to hire any former Quickway drivers. The plaintiffs assert that this instruction resulted in a so-called “no-hire agreement” among all defendants.
The filing states that “Kroger instructed Werner, Swift, and U.S. Xpress not to hire, recruit, solicit, or employ former Quickway drivers,” and that representatives from the logistics companies acknowledged receiving such instructions when rejecting job applications from plaintiffs. Plaintiffs allege they were told there was “a gentlemen’s agreement” that “came from the top.”
The complaint details how Quickway had long provided dedicated transportation services for Kroger under a unionized workforce represented by the International Brotherhood of Teamsters. After Quickway’s bankruptcy in January 2026—converted from Chapter 11 to Chapter 7 by March—its drivers became unemployed and sought work with other carriers servicing Kroger’s routes. Plaintiffs claim they met all necessary qualifications for positions with Werner, Swift, or U.S. Xpress but were denied employment solely because of their previous association with Quickway.
The lawsuit argues that these no-hire agreements are “naked horizontal agreements between competing buyers of commercial driver labor services,” constituting a per se unlawful restraint of trade under Section 1 of the Sherman Antitrust Act (15 U.S.C. § 1). Plaintiffs allege this arrangement suppressed wages and restricted employment opportunities for over 100 affected drivers across Indiana, Michigan, and Virginia.
Plaintiffs further contend that the motivation behind these agreements may have included reducing the number of union-affiliated drivers employed by Kroger or its contractors: “Kroger has impermissibly sought…to suppress wages and benefits as part of its anti-union strategy and through its no-hire agreements.” The complaint also asserts that Werner, Swift, and U.S. Xpress primarily employ non-union drivers.
The legal filing seeks certification as a class action on behalf of all former Quickway commercial truck drivers dispatched from terminals in Indiana, Michigan, or Virginia whose employment ended after Quickway ceased operations and who were allegedly subject to these no-hire agreements. Plaintiffs request treble damages under Section 4 of the Clayton Act (15 U.S.C. § 15), injunctive relief barring similar hiring restrictions in the future under Section 16 (15 U.S.C. § 26), attorneys’ fees, costs of suit, as well as any other relief deemed appropriate by the court.
No specific dollar amount is stated for damages at this stage; instead plaintiffs ask for an amount “to be determined at trial.” They also demand a jury trial on all issues so triable.
Attorneys listed for plaintiffs include Alyson Steele Beridon (Herzfeld, Suetholz, Gastel, Leniski & Wall PLLC) based in Cincinnati and Benjamin A. Gastel (same firm) based in Nashville; Gastel’s pro hac vice admission is forthcoming according to court records. The case is identified as Case No. 1:26-cv-330.
Source: 126cv00330_Cheatham_v_The_Kroger_Co_Complaint_Southern_District_Ohio.pdf
