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. Michael McDevitt, defendant, is a non-lawyer owner and CEO of defendants Tandem Legal Group limited liability company. Mike McDevitt and Tessemae’s are in a conflicting agreement which the plaintiff seeks compensation in court. In this case McDevitt persuaded Tessemae’s to hire him with the promise of using Tandem legal and business services. It meant that McDevitt would serve as point of contact of all business dealings between Tessemae’s and Tandem defendants. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
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. 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.
Next 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. 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. 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 rules that the plaintiff has an amended complaint with a naked allegations.
Tortious interference. Tessemae’s alleges a count of tortious interference with business relations against McDevitt, Intlekofer and Chehansky. Some requirements here include the plaintiff to show that the defendant committed intentional and willful acts, calculated the cause of damage, there is actual damage and it was done with unlawful purpose. Its therefore required that the plaintiff show that the interference as through improper means that the law limits to defamation, intimidation and violence. It should also proof that there were interference with existing business relationships. Tessemae’s failed to prove this point.