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. 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. It meant that McDevitt would serve as point of contact of all business dealings between Tessemae’s and Tandem defendants. Some of the allegations raised in Mike McDevitt and Tessemae’s case includes the following.
One of them is 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. There is an allegation by the plaintiff that McDevitt is liable for common-law fraud. 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. 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. 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. This therefore leads to a conclusion that the complaints contains a naked allegation.
Last is tortious interference. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. This claim is however required under Maryland law to 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. It should also proof that there were interference with existing business relationships. Tessemae’s failed to prove this point.