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 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. It meant that McDevitt would serve as point of contact of all business dealings between Tessemae’s and Tandem defendants. Some of the allegations raised in Mike McDevitt and Tessemae’s case includes the following.
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. Tessemae’s alleges that McDevitt is liable for common-law fraud. There has to be plead of this point with particularity. Time, place, contents of false representations and identity of the person making such misrepresentation are the particularity. In this court there is sufficient proof of this allegation by the side of the plaintiff. 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. In this case there is an alleged civil conspiracy between Mike McDevitt and Tessemae. Under Maryland law civil conspiracy requires a confederation of two or more persons by agreements or understanding and some 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. The court therefore rules that the plaintiff has an amended complaint with a naked allegations.
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.