September 21, 2023
The Essential Laws of Explained
What You Need to Know About Mike McDevitt and Tessemae
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. 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. Some of the allegations raised in Mike McDevitt and Tessemae’s case includes the following.
The first one tend to be RICO. Tessemae’s arts a claim under the Racketeer influenced and corrupt organizations act against McDevitt and Tandem Group. The act of Michael McDevitt and Racketeering must be clearly shown by the plaintiff since it’s a requirement. 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. However the plaintiff need 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. However this cannot stand on its own meaning that it must be 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. 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. 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. Its therefore required that the plaintiff show that the interference as through improper means that the law limits to defamation, intimidation and violence. Interference with business relationships need be proven here. Tessemae’s failed to prove this point.