The plaintiff in this case is Tessemae’s that is a Maryland limited liability selling marinades, salad dressings, meal kits and much more. 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. There is lack of fulfillment of the promise McDevitt gave in this case. This means that McDevitt would serve as the point of contact of all business dealings between Tessemae’s and the Tandem Defendants. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
One of them is RICO. Tessemae’s arts a claim under the Racketeer influenced and corrupt organizations act against McDevitt and Tandem 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.
Next is common-law fraud. There is an allegation by the plaintiff that McDevitt is liable for common-law fraud. There has to be plead of this point 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.
Next is civil conspiracy. Tessemae’s alleges a count of civil conspiracy against defendants McDevitt. 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. This therefore leads to a conclusion that the complaints contains a naked allegation.
The last one 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. The plaintiff must allege interference through improper means which the law limits to violence, defamation and intimidation. Interference with business relationships need be proven here. Tessemae’s failed to prove this point.