Maday v. Toll Bros. Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff, who, with his wife, purchased a house from defendants, asserts a Lanham Act claim and several state law claims against defendants, based on defendants’ alleged misrepresentations regarding the nature of building materials used in the construction of the house. Defendants’ motion to dismiss presents two threshold jurisdictional issues: (i) whether plaintiff, as a consumer, may seek relief for false advertising pursuant to the Lanham Act, 15 U.S.C. § 1125, and thus claim federal question jurisdiction pursuant to 28 U.S.C. § 1331, and if not,…