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 Baltimore city county is the defendant and is a non-lawyer owner and CEO of defendants Tandem legal group. Mike McDevitt and Tessemae’s are in a conflicting agreement which the plaintiff seeks compensation in court. 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. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.
One of them is 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.
Second one 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. This means that the particularity is the time, place, contents of false representations and identity of the person making the misrepresentation and what obtained thereby. The plaintiff had therefore pleaded this allegation with sufficient particularity as per the court declarations. 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.
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. 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. 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. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. 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. This means that the plaintiff must allege interference through improper means which the law limits to violence, intimidation or defamation. It should also proof that there were interference with existing business relationships. In this case, Tessemae’s has failed to allege the existence of any prospective relationships that would have occurred in the absence of interference by the defendant.