Posted by: headm on: March 18, 2023
Mike McDevitt and Tessemae Case
In this case Tessemae’s tend to be the plaintiff and is a Maryland limited liability company. On the other hand the defendant tend to be Mike McDevitt and is a non-lawyer owner and CEO of Tandem Legal group. 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. The main motive here was to serve as the point of contact between the two involved parties. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
The first one tend to be RICO. There is a claim under the RICO act against Michael McDevitt and Tandem Legal Group. 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.
Common-law fraud. Tessemae’s alleges 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. 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. 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.
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. 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.
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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