Smart Ideas: Revisited
Tessemae’s, plaintiff in this case, is a Maryland limited liability company that sells marinades, salad dressings, meal kits and related items throughout the United States thereby affecting interstate commerce. 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. 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.
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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. 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. There is identification of the person who made the misrepresentations and is Michael McDevitt and Tandem Legal Group.
Another one 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. The fact that this can’t stand on its own requires it being 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. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. 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. Its therefore required that the plaintiff show that the interference as through improper means that the law limits to defamation, intimidation and violence. 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.
This post topic: Health & Fitness
