Damages sought for hundreds who ate foreign seafood sold as Gulf fresh at Mary Mahoney’s

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Hundreds of diners at nationally lauded Mary Mahoney’s Old French House restaurant in Biloxi should be compensated for being served frozen fish from a foreign country instead of the fresh Gulf snapper advertised on menus, a lawsuit filed in U.S. District Court says.

Attorneys are seeking class-action status for a lawsuit filed on behalf of Todd McCain, an Alabama resident who claims to have dined three times at Mahoney’s between 2013 and 2018 on what he thought was red snapper or snapper.

“Had he known that, in fact, these species of fish were not red snapper and snapper, but instead inexpensive foreign fish, he would not have purchased the fish,” the lawsuit says.

Mahoney’s has admitted in a federal criminal case that it conspired to mislabel fish and agreed to forfeit up to $1,350,000, the amount calculated as its gain, federal records show. Federal charging documents say Mahoney’s sold 29 tons of cheaper foreign fish as Gulf fresh red snapper, snapper or redfish.

McCain filed the civil lawsuit against Mahoney’s, co-owner Anthony Cvitanovich and unnamed co-conspirators.

The three law firms representing McCain — two in Ridgeland, Mississippi, and one in Mobile, Alabama — want financial damages awarded for “all persons residing in the United States who purchased foreign fish at Mary Mahoney’s between January 1, 2012, and November 30, 2019.”

The attorneys say the diners’ identities could be determined through Mahoney’s “books and records” and they would be notified of the lawsuit by court-approved means, which could include mail, email or public notices.

Mahoney’s admitted committing crime

Mahoney’s admitted to mislabeling seafood from at least 2012 until federal agents raided the restaurant in November 2019. Through a corporate representative, the restaurant pleaded guilty to one felony charge of conspiring to defraud customers by mislabeling seafood and furthering the conspiracy through wire fraud.

Co-owner Cvitanovich pleaded guilty to one count of mislabeling seafood.

Three alleged co-conspirators in the criminal case remain unidentified but are described in the federal charging documents as a Biloxi seafood wholesaler and retailer; its business manager, a CPA; and its sales manager.

An attorney for Mahoney’s, Michael Cavanaugh of Biloxi, said he has not yet seen the civil lawsuit, filed Friday, and could not comment on its contents.

The civil lawsuit accuses Mahoney’s of racketeering, violating the Mississippi Consumer Protection Act, fraud, civil conspiracy and unjust enrichment. The lawsuit asks for recovery of the purchase price of all mislabeled fish sold, or, alternatively, the total amount overpaid, which would be determined at trial.

In addition, the lawsuit asks for punitive damages against the restaurant, which would be triple the actual damages to deter bad behavoir, attorney’s fees and litigation costs, including money paid to expert witnesses.

Sentencing in the criminal case against Mahoney’s and Cvitanovich is set for Sept. 12 before Judge Sul Ozerden. The civil case has been assigned to Judge Taylor McNeel.

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