The Presidency

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, defendant, is a non-lawyer owner and CEO of defendants Tandem Legal Group limited liability company. 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. The main motive here was to serve as the point of contact between the two involved parties. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.

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.

Second one 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. 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. Michael McDevitt and Defendent are identified as ones who made the misrepresentations via phone which harmed the plaintiff.

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. The case is different here as the plaintiff has not pled facts that support its assertions. 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. There are some allegations of tortious interference with business relations against Michael McDevitt and Defendent. 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. 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. Tessemae’s failed to prove this point.