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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. 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. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.
The first one tend to be 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. The plaintiff claims that Michael McDevitt and Fraud cases were reported. It’s s requirement under Rule 9(b) for the plaintiffs to plead claims of fraud 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 court finds that Tessemae’s has pleaded its claim of common-law fraud with sufficient particularity to survive defendant’s motion. Michael McDevitt and Defendent are identified as ones who made the misrepresentations via phone which harmed the plaintiff.
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. 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.
Last is tortious interference. There are some allegations of tortious interference with business relations against Michael McDevitt and Defendent. 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. 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. 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.
Researched here: https://www.einnews.com/