Mike McDevitt and Tessemae Case
The plaintiff in this case is Tessemae’s that is a Maryland limited liability selling marinades, salad dressings, meal kits and much more. Michael McDevitt Baltimore city county is the defendant and is a non-lawyer owner and CEO of defendants Tandem legal group. Mike McDevitt and Lawsuit tend to be the major cause of all this misunderstanding. In this case McDevitt persuaded Tessemae’s to hire him with the promise of using Tandem legal and business services. This means that McDevitt would serve as the point of contact of all business dealings between Tessemae’s and the Tandem Defendants. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
One of them is RICO. Tessemae’s arts a claim under the Racketeer influenced and corrupt organizations act against McDevitt and Tandem Group. The act of Michael McDevitt and Racketeering must be clearly shown by the plaintiff since it’s a requirement. There are multiple injuries that were suffered by the plaintiff.
Second one is common-law fraud. There is an allegation by the plaintiff that McDevitt is liable for common-law fraud. However the plaintiff need to plead claims of fraud with particularity. This means that the particularity is the time, place, contents of false representations and identity of the person making the misrepresentation and what obtained thereby. The court finds that Tessemae’s has pleaded its claim of common-law fraud with sufficient particularity to survive defendant’s motion. Michael McDevitt and Defendent are identified as ones who made the misrepresentations via phone which harmed the plaintiff.
Another one is civil conspiracy. In this case there is an alleged civil conspiracy between Mike McDevitt and Tessemae. It’s required under Maryland law that civil conspiracy contain a confederation of two or more persons by agreements or understanding, some unlawful or tortious act done in furtherance of the conspiracy and the actual damage. The fact that this can’t stand on its own requires it being based on some underlying tortious action by the defendants. The case is different here as the plaintiff has not pled facts that support its assertions. The court therefore rules that the plaintiff has an amended complaint with a naked allegations.
The last one is tortious interference. Tessemae’s alleges a count of tortious interference with business relations against McDevitt, Intlekofer and Chehansky. Some requirements here include the plaintiff to show that the defendant committed intentional and willful acts, calculated the cause of damage, there is actual damage and it was done with unlawful purpose. The plaintiff must allege interference through improper means which the law limits to violence, defamation and intimidation. In addition the plaintiff must allege that the defendant interfered with its existing or anticipated business relationships. Tessemae’s failed to prove this point.