Monterey Bay Aquarium off the hook in Maine lobstermen lawsuit

Trade groups say the price of lobster sunk by 40% after the Monterey Bay Aquarium's seafood watchdog gave it a “red” environmental rating.(CN) — The Monterey Bay Aquarium Foundation on Friday escaped a defamation lawsuit filed by Maine lobstermen who say the aquarium tanked market prices when it called for people to stop eating American lobster, citing risks to the endangered North Atlantic right whale.A trial court judge initially declined to dismiss the suit from lobstermen trade groups. But tides turned at the First Circuit, where judges disagreed with the lower court’s application of the “group defamation rule.” Under the rule, a defamatory statement about a large group isn’t actionable unless it targets specific members.That rule has two exceptions: if the group is so small that a statement could reasonably be understood to refer to them specifically (which doesn’t apply to lobstermen) or if a statement seems to make “particular reference” to them.The parties agreed that the latter exception was at play in this case, but they — and the courts — disagreed about whether it applied.In its 32-page decision reversing the lower court, a First Circuit panel determined it did not.“The fact that a statement may apply to every member of a large group is not enough to trigger the particular-reference exception,” U.S. Circuit Judge Julie Rikelman wrote for the three-judge panel.In essence, the judges said, the plaintiffs were asking to expand the rationale of the small-group exception to groups of any size.They were not persuaded to do so. Although the aquarium was talking about these trade groups “insofar as they fish in the American lobster fishery,” the judges explained, precedent holds that “more is needed” for the purposes of a defamation case.According to the Maine Lobsterman’s Association and its fellow trade groups, the price of lobster sunk by 40% after the California aquarium’s watchdog, Seafood Watch, gave lobster a “red” environmental rating in 2022, deeming it one to avoid. That’s in contrast to a green (“best choice”) or yellow (“good alternative”) rating.The watchdog cited the devastating effect of lobster-fishing equipment on North Atlantic right whales. The species is critically endangered, with fewer than 400 in the wild.Whales become entangled in the buoy lines lobstermen use to mark the placement of their traps, contributing to the deaths of hundreds of thousands of marine animals and sea turtles worldwide each year, according to the National Oceanic and Atmospheric Administration.These entangled animals can drown or starve. The fishing gear can also cut into their flesh, causing infections and physical trauma, and may hinder the animals’ ability to avoid being hit by boats.An entangled North Atlantic right whale, Snowcone (known individual #3560), and her calf. Snowcone was first documented as entangled in Cape Cod Bay, Massachusetts in March 2021. Snowcone was then documented with a calf during an aerial survey on December 2, 2021, near Cumberland Island, Georgia. (Georgia Department of Natural Resources)In a statement Friday, the Monterey Bay Aquarium welcomed the decision.“People’s choices have the power to shape the future of the ocean," the aquarium stated. “Programs like Seafood Watch guide consumers and businesses toward environmentally sustainable choices that support a healthy, thriving ocean, benefiting food security, fisheries and coastal communities whose livelihoods depend on the ocean.”An attorney for the Maine Lobsterman’s Association did not immediately return a request for comment.U.S. Circuit Judges Seth Aframe and Gustavo Gelpí joined Rikelman on the panel of Joe Biden appointees.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads