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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. On the other hand the defendant tend to be Mike McDevitt and is a non-lawyer owner and CEO of Tandem Legal group. Mike McDevitt and Tessemae’s are in a conflicting agreement which the plaintiff seeks compensation in court. McDevitt persuaded Tessemae’s to hire him and the Tandem Defendants with the promise that he would use Tandem’s legal and business services to help Tessemae’s grow. This means that McDevitt would serve as the point of contact of all business dealings between Tessemae’s and the Tandem Defendants. Some of the allegations raised in Mike McDevitt and Tessemae’s case includes the following.

RICO. Tessemae’s arts a claim under the Racketeer influenced and corrupt organizations act against McDevitt and Tandem Group. There are some requirements in this point such as conduct, of an enterprise, through a pattern and of racketeering activity. As a result of this activity the plaintiff suffered multiple injuries.

Next is common-law fraud. The plaintiff claims that Michael McDevitt and Fraud cases were reported. However the plaintiff need to plead claims of fraud with particularity. Time, place, contents of false representations and identity of the person making such misrepresentation are the particularity. The plaintiff had therefore pleaded this allegation with sufficient particularity as per the court declarations. There is identification of the person who made the misrepresentations and is Michael McDevitt and Tandem Legal Group.

Next is civil conspiracy. In this case there is an alleged 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. 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. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. 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. It should also proof that there were interference with existing 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.