All You Need to Know About Mike McDevitt and Tessemae
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. 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.
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. This allegation requires a plaintiff to plead facts showing conduct, of an enterprise, through a pattern and of racketeering activity. There are multiple injuries that were suffered by the plaintiff.
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. Time, place, contents of false representations and identity of the person making such misrepresentation are the particularity. 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. Under Maryland law civil conspiracy requires a confederation of two or more persons by agreements or understanding and some unlawful or tortious act. The fact that this can’t stand on its own requires it being based on some underlying tortious action by the defendants. However the defendants in this case argue that the plaintiff has not pled facts that support its assertion of a civil conspiracy among the defendant. 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. Interference with business relationships need be proven here. Tessemae’s failed to prove this point.