⚖ Oral Arguments, with Context

The Fifth Circuit considers whether Todd McCain can pursue a proposed class action over seafood sold at Mary Mahoney's restaurant. McCain says he paid for local snapper but received cheaper imported fish. For Article III standing, he must plausibly allege that he personally lost money, not merely that other customers may have been deceived. Fishman Haygood appellate lawyer Tad Bartlett will argue for McCain that criminal plea and sentencing records make it reasonable to infer he was served mislabeled fish, and that the district court should have allowed an amended complaint. Balch and Bingham lawyer Matt McDade will argue for the restaurant defendants that the records do not connect any mislabeled delivery to McCain's meals. He will say McCain has not shown personal injury and that the proposed amendment would be futile, meaning it still would not establish federal jurisdiction.

McCain v. Mary Mahoney's (No. 25-60663) — U.S. Court of Appeals for the Fifth Circuit, argued August 3, 2026.