Man asks Fifth Circuit to revive class action over mislabelled fish at Mississippi eatery
Todd McCain petitioned the Fifth Circuit to reinstate his proposed class suit against Mary Mahoney’s Old French House for allegedly serving imported frozen snapper as local catch.
A Biloxi diner, Todd McCain, filed a petition with the Fifth Circuit to revive a putative class action accusing Mary Mahoney’s Old French House, seafood wholesaler Quality Poultry & Seafood, and several executives of selling frozen imported snapper and red snapper as locally caught fish. McCain claims he and other customers were misled and seeks refunds or compensation for the price difference. The district court previously threw out his suit, finding no concrete injury because he ate the meals without objection and could not demonstrate he was served the fraudulent fish.
In oral arguments, McCain’s attorney cited the criminal sentencing transcript that described an “unbroken chain” of deception, while the restaurant’s lawyer contended the case improperly expands Article III standing. Mary Mahoney’s and its supplier pleaded guilty in 2024 to wire fraud and mislabeling, paying fines and forfeiture, but prosecutors did not pursue restitution for victims. The appellate panel, composed of Judges Carolyn King, Jerry Smith, and Irma Ramirez, took the case under submission with no immediate ruling.
Why it matters
The case probes whether consumers can sue for deceptive seafood labeling without direct proof of personal harm.
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