Mike McDevitt and Tessemae Case
Tessemae’s, plaintiff in this case, is a Maryland limited liability company that sells marinades, salad dressings, meal kits and related items throughout the United States thereby affecting interstate commerce. Michael McDevitt Baltimore city county is the defendant and is a non-lawyer owner and CEO of defendants Tandem legal group. It all began when Greg Vetter first met McDevitt through an employee of Howard Bank. In this case McDevitt persuaded Tessemae’s to hire him with the promise of using Tandem legal and business services. It meant that McDevitt would serve as point of contact of all business dealings between Tessemae’s and Tandem defendants. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
The first one tend to be 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. Tessemae’s alleges multiple injuries as part of its RICO claim including those that plausibly arise from Michael McDevitt and Tandem Legal Group.
Next 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 plaintiff had therefore pleaded this allegation with sufficient particularity as per the court declarations. 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. Tessemae’s alleges a count of civil conspiracy against defendants McDevitt. There are some requirements for this allegations to be successful with some of them including unlawful or tortious act. However this cannot stand on its own meaning that it must be 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 agrees with defendants that the amended complaint contains a naked allegation that Michael McDevitt and Defendent entered into agreement to attempt to seize control of the company.
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. 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.