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Mike McDevitt and Tessemae Case
In this case Tessemae’s tend to be the plaintiff and is a Maryland limited liability company. Michael McDevitt, defendant, is a non-lawyer owner and CEO of defendants Tandem Legal Group limited liability company. 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. 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.
The first one tend to be 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. There are multiple injuries that were suffered by the plaintiff.
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. In this court there is sufficient proof of this allegation by the side of the plaintiff. There is identification of the person who made the misrepresentations and is Michael McDevitt and Tandem Legal Group.
Civil conspiracy. There is a count of 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. 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.
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. Its therefore required that the plaintiff show that the interference as through improper means that the law limits to defamation, intimidation and violence. In addition the plaintiff must allege that the defendant interfered with its existing or anticipated business relationships. However the plaintiff failed in this claim.
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