If You Read One Article About , Read This One
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, defendant, is a non-lawyer owner and CEO of defendants Tandem Legal Group limited liability company. It all began when Greg Vetter first met McDevitt through an employee of Howard Bank. There is lack of fulfillment of the promise McDevitt gave in this case. The main motive here was to serve as the point of contact between the two involved parties. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
RICO. There is a claim under the RICO act against Michael McDevitt and Tandem Legal Group. This allegation requires a plaintiff to plead facts showing conduct, of an enterprise, through a pattern and of racketeering activity. Tessemae’s alleges multiple injuries as part of its RICO claim including those that plausibly arise from Michael McDevitt and Tandem Legal Group.
Second one is common-law fraud. There is an allegation by the plaintiff that McDevitt is liable for common-law fraud. It’s s requirement under Rule 9(b) for the plaintiffs to plead claims of fraud with particularity. Such includes time, place, contents of false representations and much more. In this court there is sufficient proof of this allegation by the side of the plaintiff. In this case Tessemae’s identifies McDevitt as the person who made the misrepresentations via phone and the plaintiff was harmed since the defendant profited from such misrepresentations.
Civil conspiracy. There is a count of civil conspiracy between Mike McDevitt and Tessemae. There are some requirements for this allegations to be successful with some of them including unlawful or tortious act. In addition this conspiracy claim cannot stand on its own therefore must be based on some underlying tortious action by the defendants. Defendants in this case argues that Tessemae’s has not pled facts that support its assertions of a civil conspiracy among McDevitt, has not pled any facts supporting existence of a confederation among the defendant and has not alleged the commission of any underlying tortious act. This therefore leads to a conclusion that the complaints contains a naked allegation.
Tortious interference. Tessemae’s alleges a count of tortious interference with business relations against McDevitt, Intlekofer and Chehansky. There are some requirements under the Maryland law requiring that the plaintiff should show that the defendant committed intentional and willful acts, calculated to cause damage to the plaintiff in its lawful business, there is actual damage and it was done with the unlawful purpose of causing such damage. This means that the plaintiff must allege interference through improper means which the law limits to violence, intimidation or defamation. In addition the plaintiff must allege that the defendant interfered with its existing or anticipated business relationships. In this case, Tessemae’s has failed to allege the existence of any prospective relationships that would have occurred in the absence of interference by the defendant.