TOMI LLC v. BREAKWATER DESIGN & BUILD INC

UNITED STATES DISTRICT COURT DISTRICT OF MAINE TOMI LLC, ) ) Plaintiff, ) ) v. ) 2:25-cv-00081-SDN ) BREAKWATER DESIGN & BUILD INC., ) et al., ) ) Defendants. ) ORDER AFFIRMING RECOMMENDED DECISION On June 12, 2025, the Magistrate Judge recommended denying Defendants’ motion to dismiss Plaintiff’s claim of a violation of the Maine Unfair Trade Practices Act (MUTPA), 5 M.R.S. §§ 206, 207, 213 (2025). ECF Nos. 9, 16. He concluded that MUTPA does not categorically bar LLCs such as Plaintiff from asserting a MUTPA claim, and thus Defendants are not entitled to dismissal of the claim under Federal…