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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. 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. 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. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.

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. As a result of this activity the plaintiff suffered multiple injuries.

Second one is common-law fraud. Tessemae’s alleges that McDevitt is liable for common-law fraud. However the plaintiff need to plead claims of fraud with particularity. Such includes time, place, contents of false representations and much more. 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. Tessemae’s alleges a count of civil conspiracy against defendants McDevitt. 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. However this cannot stand on its own meaning that it 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.

Last is 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. 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.

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