The plaintiff in this case is Tessemae’s that is a Maryland limited liability selling marinades, salad dressings, meal kits and much more. Michael McDevitt Baltimore city county is the defendant and is a non-lawyer owner and CEO of defendants 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. Michael McDevitt and Lawsuit is alleged to cause damage and loss to the plaintiff.
One of them is 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. Tessemae’s alleges multiple injuries as part of its RICO claim including those that plausibly arise from Michael McDevitt and Tandem Legal Group.
Common-law fraud. There is an allegation by the plaintiff that McDevitt is liable for common-law fraud. There has to be plead of this point with particularity. Such includes time, place, contents of false representations and much more. The court finds that Tessemae’s has pleaded its claim of common-law fraud with sufficient particularity to survive defendant’s motion. Michael McDevitt and Defendent are identified as ones who made the misrepresentations via phone which harmed the plaintiff.
Civil conspiracy. In this case there is an alleged 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. However the defendants in this case argue that the plaintiff has not pled facts that support its assertion of a civil conspiracy among the defendant. The court therefore rules that the plaintiff has an amended complaint with a naked allegations.
The last one is tortious interference. This allegations against Mike McDevitt Baltimore is raised that caused damage to the plaintiff. 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. The plaintiff must allege interference through improper means which the law limits to violence, defamation and intimidation. In addition the plaintiff must allege that the defendant interfered with its existing or anticipated business relationships. However the plaintiff failed in this claim.