What Do You Know About

Mar 18th

Mike McDevitt and Tessemae Case

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. In this case McDevitt persuaded Tessemae’s to hire him with the promise of using Tandem legal and business services. The main motive here was to serve as the point of contact between the two involved parties. There are several allegations Tessemae’s alleges McDevitt and claims to suffer loss and damage as a result and includes the following.

One of them is RICO. Michael McDevitt and Racketeering is a claim being raised in this case by the defendant. 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.

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. 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.

Next is 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.

Tortious interference. Tessemae’s alleges a count of tortious interference with business relations against McDevitt, Intlekofer and Chehansky. 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. It should also proof that there were interference with existing business relationships. However the plaintiff failed in this claim.

Reference: special info

This post topic: Health & Fitness