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. 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. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.
One of them is RICO. Michael McDevitt and Racketeering is a claim being raised in this case by the defendant. 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. 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. 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.
Another one is civil conspiracy. There is a count of civil conspiracy between Mike McDevitt and Tessemae. 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. 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. This therefore leads to a conclusion that the complaints contains a naked allegation.
The last one is tortious interference. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. 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. 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. Tessemae’s failed to prove this point.
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